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Searching Content indexed under Trials & Appeals & Compensation by Fogler, Rubinoff LLP ordered by Published Date Descending.
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1
Recent Cat Decisions – Manager Reports, Board "Notes", Redactions, Legal Costs, And More!
The Condominium Authority Tribunal ("CAT") has released some instructive decisions in the late summer/early fall of 2019 to further clarify record
Canada
18 Oct 2019
2
Recent Cat Decisions — Manager Reports, Board "Notes", Redactions, Legal Costs, And More!
The Condominium Authority Tribunal ("CAT") has recently released some instructive decisions further clarifying records request matters and the CAT's own procedures.
Canada
15 Aug 2019
3
Charter Protection From Mandatory Minimum Fines May Offer Relief Where The POA Won't
A decision delivered on March 4, 2019 by the Québec Court of Appeal in 9147-0732 Québec Inc. v. Director of Criminal and Penal Prosecutions (2019) QCCA373 (CANLII) ...
Canada
18 Mar 2019
4
The Tides Have Turned With Redwater: Provincial Environmental Obligations Have Priority Over Secured Creditors In A Bankruptcy
In the much anticipated decision, Orphan Well Association et al. v. Grant Thornton Limited et al.1, (Redwater), the Supreme Court of Canada (SCC)
Canada
12 Feb 2019
5
The Supreme Court Weighs In On Receiver's Obligations For Orphan Wells
The decision of the Supreme Court of Canada on January 31, 2019 in Orphan Well Association v Grant Thornton Ltd. 2019 SCC 5 could make it much tougher for the oil and gas
Canada
7 Feb 2019
6
The Ontario Court Of Appeal Limits Relief From Mandatory Minimum Fines In Public Welfare Offences — Where Do We Go From Here?
59(2) Although the provision that creates the penalty for an offence prescribes a minimum fine
Canada
14 Dec 2018
7
Recent Case Tests Anti-SLAPP Provisions In Condo Forum
Condominium communities can certainly be a lively forum for negative and destructive comments. Board members and managers are frequently accused of "receiving kickbacks"
Canada
30 Nov 2018
8
"This Is A Lawsuit Waiting To Happen: Pre-Litigation Tips"
Most of the time, our clients turn a blind eye to the possibility of a lawsuit. Clients will bury their heads in the sand until the fateful moment when the lawsuit becomes an actuality...
Canada
23 Nov 2018
9
What The October 2018 Decision On The Site C Dam Means For The "Taking-Up" Clause In First Nations Treaties
The West Moberly First Nations were unsuccessful on October 24, 2018 (see 2018, BCSC 1835) in obtaining an injunction against B.C. Hydro and Power Authority from further construction and related activities on the Site C Project.
Canada
8 Nov 2018
10
What Can Be Done When A Regulatory Approval Is Granted And Then Withdrawn Following A Change In Government?
In Eagleridge International Ltd. v. Newfoundland and Labrador (Environment and Conservation) 2018 NLSC 180, following a change of government, the new Minister of Environment and Conservation withdrew approval for the construction of a gravel road.
Canada
30 Oct 2018
11
Section 7 And "Agreement" — There Must Be A Legally Binding Agreement
In Transalta v. The Queen (2012 DTC 1106) ("Transalta"), the Tax Court of Canada concluded that for the stock option rules ...
Canada
16 Oct 2018
12
Beware Of State And Local Taxes On Remote Sales Into The United States
The recent decision of the Supreme Court of the United States (the "USSC") in South Dakota v. Wayfair, Inc. (No. 17-494), has substantially expanded the taxation powers of the U.S. States to collect sales tax.
Canada
16 Oct 2018
13
What Does The Hague Court Of Appeal's Decision In Urgenda Mean For Carbon Emission Regulation In Canada?
The Action On October 9, 2018 the Court of Appeal in the Hague, Netherlands upheld the District Court's order that the State of the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020.
Canada
15 Oct 2018
14
Bringing Clarity To The Interest Act: The ClearFlow Decision
The Application Judge, Justice McEwen, found that the Discount Fee was an interest charge and that it violated section 4 of the Act.
Canada
24 Sep 2018
15
Divisional Court Upholds Tribunal Decision That The Ministry May Order Current And Former Owners, And Tenants To Delineate Contamination That Has Migrated Off-Site
The order provisions of s.18(2) of the Environmental Protection Act, R.S.O. 1990, c.E.19 were at issue in this case.
Canada
11 Sep 2018
16
Corporate Veil Lifted In Regulatory Prosecution-Substantial Fine Recoverable From Individual Not Charged
In R. v. 1137749 Ontario Ltd. (operating as Pro-Teck Electric) 2018 ONCJ 502, an appellate court lifted the corporate veil and imposed total fines of $430,000 ...
Canada
22 Aug 2018
17
Limitations Update: Court Of Appeal For Ontario Confirms That Discoverability Principles Apply To Claims For Contribution And Indemnity
On May 7, 2018, the Court of Appeal for Ontario released its decision in Mega International Commercial Bank (Canada) v. Yung.
Canada
29 May 2018
18
Spring Case Law Update
While much of the attention in the condominium community over the past many months has been concentrated on the ongoing changes to the condominium legislation in Ontario ...
Canada
16 May 2018
19
Living In Splendid Isolation: Ten Lessons Learned Enforcing An Ontario Judgment In Mexico
This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico.
Canada
5 Mar 2018
20
Pick Your Poison: Supreme Court Finds Bank Liable For Third Party Employee's Fraud
The Supreme Court of Canada has clarified the limits of a major defence available to banks who face liability for processing fraudulent cheques.
Canada
23 Feb 2018
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