The legal responsibility of vehicle owners when lending their vehicles
It is common practice to lend a vehicle to a family member or a friend. People do it without thinking twice. However, in the case of a car crash on a public road, there are legal implications not only for the driver but also for the owner of the vehicle. The Ontario Court of Appeal...
View the post titled The legal responsibility of vehicle owners when lending their vehiclesIs Bill 124 unconstitutional? Yes. And also, no.
On, February 12, 2024, the Ontario Court of Appeal (the “Court”) released its much-anticipated decision1 on the constitutionality of Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the “Act”), which restricts increases to salaries and compensation for e…
View the post titled Is Bill 124 unconstitutional? Yes. And also, no.Ontario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)
In Davies v. Clarington (Municipality), 2023 ONCA 376, the Ontario Court of Appeal reached the reasonable conclusion that non-party lenders with no involvement in directing litigation are not liable to pay an adverse costs award that a plaintiff will not pay. On this appeal, the Court provi…
View the post titled Ontario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)Innocent owner Kawartha Lakes loses at Court of Appeal
The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto mun…
View the post titled Innocent owner Kawartha Lakes loses at Court of AppealKawartha Lakes appeal heard by Court of Appeal
The City of Kawartha Lakes has appealed to the Ontario Court of Appeal from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause. The City argues that the MOE should have imposed those cleanup costs on the polluters, meaning eith…
View the post titled Kawartha Lakes appeal heard by Court of AppealInnocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.
View the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup orderSupreme Court will hear important appeal: is flying rock a discharge?
When governments adopt surprising new interpretations of existing laws, shouldn’t they have to tell the regulated community before they start prosecuting them?
View the post titled Supreme Court will hear important appeal: is flying rock a discharge?Will the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?
View the post titled Will the SCC grant leave in Smith v Inco?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 dec…
View the post titled Smith v Inco appeal applicationFlying rock a discharge?
The prosecutor asked the Court to trust the ministry not to prosecute in absurd and inappropriate circumstances.
View the post titled Flying rock a discharge?Receive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.