Just in time for summer, Ontario's outdoor dine-in services at restaurants, bars, food trucks, wineries, breweries and distilleries are becoming available in Ontario's Stage 2 regions. Currently, restaurants and bars in...more
In an earlier post, we highlighted the top issues that agribusinesses might wish to consider when navigating the challenges created by COVID-19. Canadian agribusinesses, alongside governments, have implemented long-term...more
Sandwich shop Subway was recently ordered by the Ontario Superior Court to pay the Canadian Broadcasting Corporation (CBC) some $765,000 in costs in respect of a November 2019 decision that dismissed Subway's $210-million...more
The COVID-19 pandemic has had an unprecedented impact on the Canadian economy. Across Canada, the protection of the food supply has been recognized as critical, and the Government of Canada is taking necessary steps to ensure...more
Is your business essential or a priority (or permitted to operate) under various emergency public orders made in response to the global COVID-19 pandemic? Across Canada, various provinces and territories are taking steps to...more
After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more
1/31/2020
/ Article III ,
Class Action ,
Climate Change ,
Constitutional Challenges ,
Due Process ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Lack of Authority ,
Oil & Gas ,
Standing ,
Trump Administration
The Ministry of Environment, Conservation and Parks (MECP) is proposing to "reduce complexity and modernize pesticide management in Ontario". On October 28, 2019, the MECP posted a proposal to the Environmental Registry of...more
Fifteen youth from across the country, through their parents and litigation guardians, have joined forces in a lawsuit against the federal government over climate change, filed Friday in Federal Court in Vancouver. The case,...more
"You’re asking us to do a lot of new stuff, aren’t you?" Judge Andrew D. Hurwitz of the U.S. Court of Appeals for the Ninth Circuit in Juliana v. United States, June 4, 2019.
It has been a busy month for climate change...more
6/19/2019
/ Canada ,
Canadian Charter of Rights and Freedoms ,
Childrens' Lawsuits ,
Class Action ,
Climate Change ,
Corporate Counsel ,
Flood Insurance ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Property Damage ,
Public Trust Doctrine
The new Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR) came into force on January 15, 2019. These new laws modernize and streamline the food safety regime administered by the Canadian...more
2/25/2019
/ Agricultural Sector ,
Canada ,
Canadian Food Inspection Agency (CFIA) ,
Exports ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Foreign Suppliers ,
Imports ,
Licensing Rules ,
New Regulations ,
Reasonable Prevention Procedures ,
Safe Food for Canadians
In Canada, pesticides are regulated by Health Canada's Pest Management Regulatory Agency (the "PMRA") on behalf of the Minister of Health and under the authority of the Pest Control Products Act (the "PCPA"). Health Canada...more
10/31/2018
/ Agricultural Sector ,
Canada ,
Environmental Assessments ,
EU ,
European Commission ,
Honeybees ,
Pest Management Regulatory Agency (PMRA) ,
Pesticides ,
Pollinators ,
Public Health ,
Risk Assessment ,
Toxic Exposure ,
USEPA ,
Water Pollution
The road to the first class action against the Province of British Columbia -
On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class...more
Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware...more
Whether or not the decisions by the Pest Management Regulatory Agency (PMRA) to successively register neonicotinoid products on a conditional basis constitute a "continuous course of conduct", and whether or not the PMRA...more
On May 31, 2017, Bill 142—An Act to amend the Construction Lien Act (the “Act”) — was carried through a first reading by the Ontario Legislative Assembly. If passed, the proposed amendments to the Construction Lien Act would...more
Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario Court of Justice,...more
The Ontario Superior Court awarded damages for migration of dry cleaning solvents the defendant corporation spilled between 1960 and 1974 in Huang v Fraser Hillary's Limited, 2017 ONSC 1500 [Huang] under section 99(2) of the...more
In R v Jones and Schmidt, 2016 ONSC 7388, a November decision of the Ontario Superior Court of Justice, the court found that unreasonable delays in bringing the case to trial were mostly attributable to the prosecution and,...more
On November 23, 2016, the Pest Management Regulatory Agency (PMRA) issued a press release on the use of neonicotinoid pesticides, along with a Proposed Re-evaluation Decision of the neonicotinoid pesticide, imidacloprid, and...more
In Environmental Interest Groups Challenge Registrations of Neonicotinoid Products in Federal Court, we discussed a recent judicial review initiated by the David Suzuki Foundation and others with respect to conditional...more
On July 6, 2016, the David Suzuki Foundation, along with Friends of the Earth Canada, Ontario Nature, and Wilderness Committee, brought two judicial review applications against the Minister of Health and registrants of the...more
Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement...more
In a decision released on August 27, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action against DePuy Orthopaedics Inc. on behalf of persons who were surgically implanted with any one of...more