Liability waivers: Are they enforceable?
Nearly every recreational activity offered today requires the participant to sign a waiver of liability. Skiing, spin classes, kid’s field trips- waivers have become so common place that people don’t think twice about signing them. But what effect do these waivers really have? If you or your child is injured after you’ve signed a waiver,...
Continue reading the post titled Liability waivers: Are they enforceable?Sidewalks: Do you have to shovel them?
Most homeowners are aware that they do not own the sidewalk that surrounds their property – the municipality does. But as winter sets in and snow starts to fall, what does this mean for you? Generally speaking, homeowners are not legally responsible for the maintenance of sidewalks surrounding their property. As the owner of the...
Continue reading the post titled Sidewalks: Do you have to shovel them?Smith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s decision on liability has substantially narrowed environmental causes...
Continue reading the post titled Smith v Inco appeal applicationQuébec activist wins pollution battle against City
Environmentalist Guy Drouin has won a long and lonely battle against sewage pollution by the City of Sainte-Agathe-des-Monts.
Continue reading the post titled Québec activist wins pollution battle against CityPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during the 66 years that Inco operated its nickel...
Continue reading the post titled Port Colborne class action dismissedReceive Blog Posts
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