The long awaited Judgment of the Superior Court of Justice in the case of Smith v. Inco, 2010 ONSC 3790, was released on July 6, 2010. Briefly, the Plaintiffs, owners of properties in the Port Colborne area sued for diminution in value, as a result of the contamination of their lands with nickel from the adjacent Inco smelter. The Court relied on many of the principals for both the founding of damages and the calculation thereof, as set out in Michael Hebert’s January 3, 2002 decision in Tridan v. Shell, underscoring once again the significance of this case in Ontario Environmental Law.
Class Action Suit Follows Tridan v. Shell
July 22nd, 2010 by Michael HebertAnti-SLAPP Legislation Contemplated
July 22nd, 2010 by Michael HebertThe Government of Ontario is contemplating the enactment of legislation dealing with Strategic Lawsuits Against Public Participation (SLAPP), and in that regard it has appointed a Committee which will shortly be receiving submissions from interested parties regarding this litigation. It is expected that this legislation, which is enacted in 28 U.S. States, as well as the Province of Quebec, will facilitate active involvement in environmental issues and prevent the silencing of critics by use of SLAPP lawsuits.
Onset of Disability Beyond 104 Weeks Allows Entitlement to IRB
June 23rd, 2010 by Tania AstorinoThe March 24, 2010 decision of Justice Grace in Wadhwani v. State Farm, 2010 ONSC 2479 allows accident victims that return to work shortly after an accident, but become disabled over time, to recover Income Replacement Benefits (IRBs). Carmen Wadhwani was injured in a motor vehicle accident on September 26, 1997. State Farm was her automobile insurer for the purposes of Statutory Accident Benefits. Ms. Wadhwani was 33 years old at the time of the accident. She had recently started her own business as an aesthetician. Read the rest of this entry »
The New Rules for Contaminated Sites Remediation
June 23rd, 2010 by Cheryl Gerhardt McLuckieThere have been recent changes to the regulations governing the clean up of environmentally impaired sites in Ontario which will have significant impact on the redevelopment of impacted sites. Anyone considering the purchase and / or redevelopment of an impacted site (a Brownfield) should become familiar with these changes to fully understand their impact on site clean-up, design, construction and costing. Read the rest of this entry »
City of Ottawa Reinstates Brownfields Policy
June 9th, 2010 by Michael HebertAfter a 5 ½ month hiatus the City of Ottawa’s Brownfields Redevelopment Program is back in business, effective May 13, 2010. The only significant change from the previous Brownfields Policy, relates to a reduction in infrastructure costs. Henceforth, no coverage will be afforded for offsite infrastructure and onsite infrastructure will be restricted to 50% of the cost. Read the rest of this entry »
Court Endorses Citizens’ Right to Access Government Information
May 5th, 2010 by Sean BawdenIn a decision released May 5, 2010, (595799 Ontario Limited v. Galpin et al, 2010 ONSC 2083) the Honourable Justice Robert Beaudoin affirmed private citizens’ democratic right to access government information. Read the rest of this entry »
Momentum Magazine Article
April 26th, 2010 by Sean BawdenFollowing the seminar presented by members of Beament Green’s personal injury group Momentum Magazine prepared an article summarizing some of the information shared.
The article is available at: http://www.momentumplanet.com/news/bike-accidents-and-law
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How Changes to Automobile Insurance Regulation in Ontario Affect You
March 12th, 2010 by Derek NicholsonEffective September the 1st, 2010 significant reforms (Ontario Regulation 34/10) will be made that will affect accident victims and will require changes to the approach taken by counsel, health care providers and insurance brokers/agents. Car owners need to know of the significant decisions they will have to make in selecting optional coverages for no fault accident benefits. For example, now there is a basic Med Rehab no fault coverage of $100,000 ($1 million if victim is found catastrophic). After September 1st, standard coverage will be reduced to $50,000 unless optional coverage is purchased of $100,000 or $1.1 million. Likewise Attendant care no fault coverage will be reduced from $100,000 ($1 million if catastrophic) down to $36,000 unless optional coverage of $72,000 or $1,072,000 is purchased. Likewise optional coverages for caregiver benefits, housekeeping benefits, and home maintenance benefits will have to be purchased for non catastrophic patients.
The public will have to be educated on the available optional benefits. Liability issues may arise for insurance brokers or agents who do not clearly point out the need for these benefits and clearly spell out their availabilty.
Derek Nicholson and Donna Robinson will be hosting a series of traveling seminars in April available to health care providers, occupational therapists, physiotherapists and brokers to assist them in understanding the changes that they may need to know about to help their patients and clients. Arrangements are also underway to host a seminar for legal counsel in the Ottawa Area.
Rights on a Bike
March 3rd, 2010 by Sean BawdenOn Tuesday, March 2, 2010 the personal injury lawyers at Beament Green put on an information seminar at Hintonburg neighbour, CycleLogik, about rights and entitlements for cyclists and pedestrians hit by cars. Read the rest of this entry »
Rule 20 – Is something more “Required?”
March 1st, 2010 by Sean BawdenOn January 1, 2010 the Ontario Rules of Civil Procedure underwent a number of changes. One of the most significant of which was the change to the rules for Summary Judgment. The new onus required of the moving party is to satisfy the court that, “there is no genuine issue requiring a trial with respect to a claim or defence.” Read the rest of this entry »
