Lindsay Rauccio

Lindsay Rauccio

Osler, Hoskin & Harcourt LLP

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Latest Publications


Class Actions and Consumer Product Settlements: The Proof is in (Receipt For) the Pudding

Consumers don’t keep their receipts. This poses a unique challenge in consumer product class actions, especially when parties seek the Court’s approval of a settlement that requires a receipt as proof of purchase. And if the...more

10/17/2014 - Affidavits Canada Class Action Class Members False Advertising Food Labeling Food Manufacturers Settlement Skinnygirl Margarita

Supreme Court of Canada Limits the Right to Appeal Commercial Arbitral Decisions on Issues of Contractual Interpretation

In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva), released August 1, 2014, the Supreme Court of Canada overturned the historical approach and held that contractual interpretation involves questions of mixed...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Canada Contract Interpretation SCC

Federal Court Revokes Darlington Nuclear Preparation Licence Based on “Gaps” in Environmental Assessment

In a rare (and over 200-page) decision, the Federal Court of Canada revoked the Licence given to Ontario Power Generation (OPG) to construct new nuclear generation units at the existing Darlington nuclear facility, and...more

6/19/2014 - Canada Energy Environmental Assessments Nuclear Power

Ontario Superior Court of Justice Denies a Municipality’s Attempt to Effectively Prohibit Wind Turbines

In Wainfleet Wind Energy Inc. v. Township of Wainfleet, the Ontario Superior Court of Justice struck down the Township of Wainfleet’s municipal by-law requiring industrial wind turbines to have a minimum two-kilometre setback...more

6/12/2013 - Bylaws Canada Local Ordinance Municipalities Renewable Energy Wind Power

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

5/13/2013 - Canada Contaminated Properties Environmental Protection Act

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

5/7/2013 - Canada Injunctions Renewable Energy Summary Judgment Wind Power

Canadian Food Inspection Agency Releases Guidelines for Highlighted Ingredients and Flavours

In an era of heightened awareness regarding health and obesity, consumers are taking a much greater interest in the foods they eat. Health concerns have led to increased scrutiny of ingredients on product labels and a...more

3/26/2013 - Canada CFIA Class Action False Statements FDA Food Labeling Food Safety

Conflicting Results from Ontario Appellate Courts in Motions to Strike Claims in Proposed Class Actions

Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action. First, a...more

2/28/2013 - AstraZeneca Class Action Class Certification Motion To Strike Sun Life Assurance Company of Canada

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