Real Estate
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May 23, 2024
Regulator limited the tort liability of a regulated entity | Sara Blake
Can a regulator limit a utility’s liability in tort as a term of approval to do a project? Yes, says the British Columbia Court of Appeal in City of Richmond v. British Columbia Utilities Commission, 2024 BCCA 16.
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May 22, 2024
Appeal Court finds pollution exclusion clause not enforceable in case of liquid chlorine leak
The Ontario Court of Appeal has dismissed an appeal concerning a pollution exclusion clause in an insurance contract and a liquid chlorine leak that damaged a furniture store.
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May 22, 2024
New sanctions aimed at Russia–N. Korea arms trade for weapons used in illegal war on Ukraine
Two Russians and six Russian entities are targeted by the latest sanctions Canada has imposed in response to the Putin regime’s illegal war of aggression against Ukraine.
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May 21, 2024
FOR TORTS — Affecting property — Nuisance
Appeal by appellants from chambers judge’s decision which allowed Qualex-Landmark Towers Inc. (“Qualex”) amendments and granted the attachment order. The appellants argued that the chambers judge made a legal error by holding that the reasoning in Redwater may apply outside of insolvency proceedings to create a common law super priority in favour of a private litigant.
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May 21, 2024
How changes to capital gains could impact stock option compensation
There’s been a lot of discussion around the upcoming increase in the capital gains inclusion rate, announced in the federal budget. What we haven’t heard as much about, however, is the effect these changes could have on the taxation of stock options (optional: from both an employee and employer perspective).
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May 21, 2024
The Human Rights Tribunal of Ontario: A continuing crisis | Kathy Laird
The Human Rights Tribunal of Ontario (HRTO) continues to fail Ontarians badly. According to Tribunals Ontario’s most recent Annual Report, the HRTO backlog grew by another 500 applications over the 12-month period covered by the report, despite the fact that it received the lowest number of new applications since 2015-16. The HRTO’s unresolved caseload rose to 9,527, amounting to a three-year backlog, based on its record of closing approximately 3,000 applications a year.
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May 16, 2024
Canada sanctions ‘extremist Israeli settlers’ for violence against Palestinians in the West Bank
Ottawa has for the first time sanctioned “extremist Israeli settlers” with dealings and entry bans for “the grave breach of international peace and security posed by their violent and destabilizing actions against Palestinian civilians and their property in the West Bank.”
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May 16, 2024
Setting aside domestic contracts post-mortem
Can domestic contracts protect a deceased spouse’s estate from the surviving spouse’s application for support?
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May 15, 2024
130-year-old Kingston firm welcomes new associate
After graduating from Dalhousie’s Schulich School of Law and articling in Nova Scotia, Sean Davidson is returning to his hometown of Kingston, Ont., to join Cunningham Swan Carty Little & Bonham LLP as an associate on the firm’s general litigation team.
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May 13, 2024
Court permits CN Railway to proceed with $250M container terminal project pending appeal
The Federal Court of Appeal has permitted the Canadian National Railway Company (CN) to continue construction of a $250 million intermodal container transfer facility in Milton, Ont., pending the outcome of an appeal concerning the government decision authorizing the project.