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19 Dec 2018, 5:06 pm
A municipality’s duty of repair and the ordinary reasonable driver standard A municipality’s duty to keep highways “in a state of repair that is reasonable in the circumstances, including the character and location of the highway” is found in Section 44 of the Municipal Act, S.O. 2001 c. 25. [read post]
11 Apr 2019, 12:43 pm
Natural resource conservation and management, including, for example, programs like flood management projects, drinking water source protection plans (under the Clean Water Act, 2006, S.O. 2006, c. 22), natural heritage system studies, fisheries management plans, and forest plans. [read post]
27 Sep 2017, 6:08 pm
I note that, in support of the common-law principles that I have discussed, in Ontario, s. 4(4) of the Victims’ Bill of Rights, 1995, S.O. 1995, c. 6 requires a trial judge in a civil case to “take the sentence, if any, imposed on a convicted person into consideration before ordering that person to pay punitive damages to a victim. [read post]
10 Aug 2018, 9:52 am
For more information about the Land Owner Transparency Act, or for assistance in planning for its implementation and application, please contact our firm at (604) 688-4900, or email Paul S.O. [read post]
12 Dec 2013, 11:52 am
One of the fundamental requirements to certification of a class action is that (to use the Ontario language) “a class proceeding would be the preferable procedure for the resolution of the common issues”: Class Proceedings Act, 1992, S.O. 1992, c. [read post]
21 Apr 2008, 1:18 pm
Thanks to Perry Itkin's Florida Mediator for linking to this Memorandum Opinion enforcing, by way of contempt proceeding, a mediation confidentiality order entered by a federal magistrate in the District of Columbia in January of this year.We were just discussing this issue at the yearly Settlement Officer (my own S.O. profile here) "brown bag" lunch meeting with Judge Morrow of the U.S. [read post]
7 Oct 2011, 4:21 pm
" Victor S.O. [read post]
8 Aug 2018, 4:00 am
The respondents successfully moved for summary judgment of the appellants’ action against them on the basis that the applicable two-year limitation period under s. 4 of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. [read post]
18 Mar 2015, 4:00 am
Thus, the Plaintiff satisfied four parts of the five-part test for certification under s. 5(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the “Act”). [read post]
16 Jun 2019, 11:07 am
Full house for this edition of Never Too Late! [read post]
26 May 2019, 2:13 pm
Catch up with the latest developments in the IP world with the new edition of Never Too Late! [read post]
24 May 2019, 8:38 am
The 222nd edition of Never Too Late is out now, and relates to posts published in the week beginning 6 May! [read post]
13 Jun 2019, 1:06 pm
Catch up with the latest developments in the IP world with the new edition of Never Too Late! [read post]
27 Jul 2012, 5:34 am
Justice Perell of the Ontario Superior Court of Justice considered whether the Khan Resources decision applied to the plaintiff’s motion for substituted service on the Defendants Stéphane Roy [“Roy”], and Riadh Ben Aïssa [“Aïssa”], both Quebec residents, in a proposed class action under the Ontario Class Proceedings Act, 1992, S.O. 1992, c. [read post]
2 Jan 2007, 3:50 pm
C-29, s. 3(1)(b));[2] · the declared parent may register the child in school; and, · the declared parent may assert her rights under various laws such as the Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. [read post]
6 Apr 2011, 4:31 am
Für den Beginn der Verjährungsfrist des neu entstandenen Unterlassungsanspruchs ist auf den Zeitpunkt der Zuwiderhandlung abzustellen (s.o.). [read post]
23 Jul 2017, 6:51 am
” Then, after the arbitration had been launched, and for the purposes of the arbitration itself, they entered into another agreement which stated: “The decision of the arbitrators shall be subject to appeal in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 as amended, or any successor Act. [read post]
19 Jun 2013, 3:00 am
16.1, 32, 84, 91; Crown Forest Sustainability Act, 1994, S.O. 1994, c. [read post]
12 Feb 2013, 4:30 am
The Legal Aid Services Act, 1998, S.O. 1998, c. 26, ended LSUC’s ownership and operation of the Ontario Legal Aid Plan, and in its place established Legal Aid Ontario (LAO), as a corporation without share capital, “independent from, but accountable to the Government of Ontario,” as set out in the Act (s. 3(4)). [read post]
26 Apr 2017, 4:00 am
The law of Defamation continues to be one of the most technical areas of law, with special limitation periods, notice pre-conditions to the commencement of proceedings, special rules of pleading and evidence, and reverse onuses of proof. [read post]
