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Publications

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Nov 16, 2011

Case Law Update: Crookes v Newton

Libel and Slander – Hyperlinks – Publication – Innocent Dissemination

Case Law Update: Lax Kw’alaams Indian Band v Canada (Attorney General)

Constitution Act, 1982 – Aboriginal Rights – Proof

Case Law Update: R v Côté

Constitutional law – Canadian Charter of Rights and Freedoms – s. 24(2) – Exclusion of evidence

Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General)

Administrative Law – Remedial Jurisdiction – Canadian Human Rights Act – Legal Costs – Standard of Review – Statutory Interpretation

Nov 10, 2011

An Unprecedented Decision in Municipal Conflict of Interest Law – Tuchenhagen v Mondoux

Every municipal councillor and municipal legal advisor in Ontario should review carefully both the majority and dissenting judgments in this Divisional Court decision released October 26, 2011,…

Nov 1, 2011

Doing Business in Ontario: An Overview of Environmental Protection Law – 2011

This guide provides a brief overview of the main elements of environmental protection law in Ontario. Its main objective is to identify the principal structural elements of…

Oct 20, 2011

Case Law Update: Canadian Broadcasting Corporation v Ontario

Civil Procedure – Appeals – Jurisdiction

Case Law Update: Smith v Inco Limited

Environmental Contamination – Nuisance – Strict Liability – Application of Limitation Period in Class Actions

Litigation Update – October 2011

Seven case law updates released between August and October 2011.

Case Law Update: Landmark II Inc v 1535709 Ontario Limited

Construction Liens – Value of a Claim for Lien – s 35 of the Construction Lien Act

Case Law Update: TA & K Enterprises Inc v Suncor Energy Products Inc

Franchise – Arthur Wishart Act – Disclosure Document – One-year Term – Franchise Fee

Case Law Update: The Corporation of the Municipality of Meaford v Grist et al

Shoreline Dispute – Public Highway – Summary Judgment – Registry Act

Case Law Update: Canada (Attorney General) v PHS Community Services

Constitutional Division of Powers – Interjurisdictional Immunity – Canadian Charter of Rights and Freedoms – Life, Liberty and Security of the Person – Principles of Fundamental Justice – Ministerial Discretion

Case Law Update: The Sovereign General Insurance Company v Walker

Insurance liability coverage – Notice of action – Who may give notice – s 129 of the Insurance Act – Relief from forfeiture

Nasty neighbours dispute resolved on the public purse: The lessons learned

The Town of Meaford waded into a private property dispute between neighbours and spent significant public resources after doing so.

Oct 18, 2011

Working in Canada: An Overview of Employment Law

Among the most challenging and complex issues faced by businesses, governments, organizations and individuals are those that arise in the workplace—in the relationships between management and employee,…

Oct 14, 2011

Amendments to Executive Compensation Disclosure Requirements

The Canadian Securities Administrators are adopting amendments to the Statement of Executive Compensation. These changes come into force on October 31, 2011.

Oct 1, 2011

Development Issues: Rail Corridor Setbacks and CN Guidelines

Land use development along railway corridors poses a unique set of challenges as it operates within a multi-jurisdictional framework.

Quiz: Corporate Governance in the Energy Sector

How well would you deal with some of the challenges facing in-house counsel working within the energy sector? Take this quiz and find out.

Sep 21, 2011

Case Law Update: Aguas v Rivard Estate

Civil procedure – Dismissal order – Test to set aside

Case Law Update: Alberta (Aboriginal Affairs and Northern Development) v Cunningham

Constitutional Law – Canadian Charter of Rights and Freedoms – Discrimination

Case Law Update: Rondel v Robinson Estate

Estates – Interpretation of a Will – Admissible Evidence

Case Law Update: Her Majesty the Queen (Ex Rel City of Toronto) v Andrade

Provincial Offences Act – Canadian Charter of Rights and Freedoms section 11(b) – Part I Offences – Unreasonable Delay

Litigation Update – September 2011

Six case law updates released between June and September 2011.

Case Law Update: Gagliano v Gomery and the Attorney General (Canada)

Administrative Law – Natural Justice – Bias – Public Inquiries

Case Law Update: 1351428 Ontario Ltd (Wineyard) et al v 1037598 Ontario Ltd et al

Civil Procedure – Restore Action to Trial List – Test for Rule 48.11, Rules of Civil Procedure

Sep 2, 2011

Estoppel Certificates: Avoiding Liability for Another Owner’s Debts

Purchasers should note the importance of obtaining estoppel certificates as illustrated by Toronto Kosher Inc. v. Windward Drive Holdings Inc.

Aug 31, 2011

The judicial mediation debate

The Ontario Bar Association forms a Judicial Mediation Taskforce in response to Justice W.K. Winkler’s call to chart the future role of judicial mediation.

Aug 29, 2011

The Role of the Ontario Municipal Board in Human Rights Issues

Human rights issues emerging from the land use planning process (Advocacy Centre for Tenants Ontario v Waterloo).

Aug 15, 2011

Timely Tax Returns Should be a Top Priority

Rosenberg Estate v. Canada (National Revenue) – a cautionary reminder that every effort should be made to file tax returns on time.

Aug 10, 2011

Proposed Mandatory Energy Conservation Planning for Public Agencies

A proposed regulation under Ontario’s Green Energy Act, 2009 would require public agencies to report their annual energy consumption and greenhouse gas emission.

Aug 1, 2011

The “Tough on Drivers” Agenda

A proposed amendment to the Ontario Highway Traffic Act calls for heightened penalties for drivers convicted of offences where injury or death occurs.

Canadian Capital Markets Lure Small and Mid-cap Clean-Tech

Why should U.S. companies consider listing on the Toronto Stock Exchange and the TSX Venture Exchange? Consider the options available for taking a company public in Canada.

Quiz: Employee Computer Use and Privacy

How would you resolve these case situations?

An Ounce of Prevention: What Employers Need to Know about Recent Changes to Ontario’s Health and Safety System

New Ontario law changes the face of occupational health and safety regulation.

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