Sometimes the nuances of law can be a little weighty. Questions of what to do in the event of property damage often come when there is little time to actually sit down and consider them. Why not then consider what one would do if property damage were caused by zombies? Read the rest of this entry »
Considering Property Damage Claims from a Different Angle
January 19th, 2011 by Sean BawdenReport #5 from UNFCCC / COP 16
December 13th, 2010 by Michael HebertSuccessful conclusion to COP 16
Report #4 from UNFCCC / COP 16
December 9th, 2010 by Michael HebertBeament Green partner Michael Hebert is at UNFCCC / COP 16 in Cancun, Mexcio. Below is his fourth report from that conference. Read the rest of this entry »
Report #3 from UNFCCC / COP 16
December 7th, 2010 by Michael HebertSaturday saw the beginning of a somewhat quieter day with discussions centered around methodologies to involve private funding in financing climate change since governments and public organizations clearly lack funds (estimated to be $100 billion per year by 2020) to accomplish GHG reductions on their own. Read the rest of this entry »
Report #2 from UNFCCC / COP 16
December 5th, 2010 by Michael HebertIn the second in the series, Beament Green partner Michael Hebert reports from UNFCCC / COP 16 from Cancun, Mexico. Read the rest of this entry »
Report #1 from UNFCCC / COP 16
December 2nd, 2010 by Michael HebertBeament Green’s Michael Hebert is one of the Canadian Bar Association’s delegates attending the United Nation’s Climate Change Conference in Cancun, Mexico. What follows it the first of his dispatches.
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Class Action Suit Follows Tridan v. Shell
July 22nd, 2010 by Michael HebertThe 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.
Anti-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 »
