Articles

Bankruptcy and Insolvency Law

• That Debt is Statute-Barred: Not So Fast

Condominium Law

• Proving Good Faith of Condo Boards
• Condominium Construction Deficiencies and the Tarion Process

Environmental Regulation Articles:

• Innocent Owner Clean-up Liability
• Dam Flooding - Compensation?
• Biosolids - Waste Transfer or Permitted Use?
• Surface Facilities - Compensating "Adverse Effects"
• Get Ready for Green
• Groundwater Use - The Precautionary Principle
• Health Impacts - Legal Rights
• When is Noise a "Contaminant"?
• Golf Ball Nuisance
• Access Rights by Acquiescence
• Expropriation Compensation – What is Fair?
• Nuisance Relief – Do it Now
• A Right to Clean Water
• Pesticide Liability
• Access Roads – Who Has Priority?
• Fisheries Act Liability – Any Water, Any Substance
• Water Restrictions - When and How
• Environmental Liability - New Protection
• Municipal Controls on Pesticide Use
• Landfill Expansion – The Public Interest
• Challenging Permits – Is There Significant Harm?
• Building Permit No Guarantee
• Contaminant Discharge - What is Due Diligence?
• Competing Land Use - Environmental Standards
• The Risk of "Knowledge and Belief"
• Post-Purchase Contamination - Who Pays
• Manure Risk Management
• Lessons from Walkerton - Regulating Manure Risks
• Environmental liabilty - when is water quality impaired?
• Compensating landfill neighbours

Energy Regulation Articles:

• Electric Transmission Concerns - CAEPLA Leads the Way
• Supreme Court - Making Landowners "Whole"
• Pipeline Maintenance and Repair - Notice and Compensation
• Challenging Wind Turbines
• Pipeline Losses - Annual Compensation
• Flood Liability
• Railways and Pipelines - Increased Compensation
• Pipeline Coming? What to Do?
• Surface Facilities - Loss of Use Compensation
• Oil and Gas Compensation - Can I Get More?
• Pipelines - Unity Brings Success
• Oil and Gas Facilities - What Compensation?
• Power Blackout – Do You Have Insurance?
• Gas Storage Compensation – A New Approach
• Limiting damage should be goal of landowners
• Co-operation between landowners brings pipeline power
• Pipelines - listening to landowners
• Pipeline repair - a new solution for old problems
• Gas leases - ask before signing

Family Law Articles:

• Child Support and Undue Hardship
• Protection for the Family Farm under the the Family Law Act
• Excluding the Value of Jointly Owned Property from Divorce Proceedings
• Separations, Children and Custody
• Child Support - Frequently Asked Questions
• Protecting your Custodial Rights

Farm Regulation Articles:

• Normal Farm Practice - Municipal Duty of Care
• Municipal Liability – “Normal Farm Practice” Compensation
• Levelling Farm Land - Are there Regularoty Restrictions?
• Defective Seed Liability
• When is "Farming" not "Normal Farm Practice"?
• Equitable Access
• Captive Wildlife - "Hunting" or "Harvesting"?
• Access Road Use and Closure
• Insecticides - Buyer Beware
• Access Road Use and Closure 2
• Restricting Normal Farm Practice - MDS
• Regulating Manure - Absurd?
• Trucks vs Cows - Who is Liable?
• Livestock Destruction - Whose Risk?
• BSE - Who Pays ?
• Chickens - No export without quota
• MDS Violation Not “Normal Farm Practice”
• Intensive Livestock - Nutrient Management Requirements
• Misrepresenting the Farm
• Intensive Livestock – A Different Land Use
• “Petroleum" Rights – Who owns what?
• Community Protection vs. Business Advantage
• I.L.O. Neighbours – Property Tax Relief
• Neighbour impact limits nuisance protection
• Normal, not nuisance
• The family farm - who gets what?
• Marketing boards - liability for tenants
• A farmer's duty of care
• Marketing boards - who has the power to licence?

Land Ownership Articles

• Expropriation Loss - Private Rights vs. Public Good
• The “Double Edged Sword” of Property Tax Decreases for Multi-Res Buildings
• Residential Tenancies: Increasing Rent & Building Value while Recouping Capital Investments
• Conflicting Use - Balancing Interests
• Expropriation Power When There's No 'Willing Seller'
• Camping in Ontario Bulletin: A Windfall for "Campers" and Liability for Land Owners

Miscellaneous Articles

• Insurer Bad Faith - Increased Damages
• HST Issues for Builders
• Non-profit Housing - The Eviction Process

Personal Injury Articles:

• Motor Vehicle Accidents: The Effects of the Legislative Changes to the Ontario Statutory Accident Benefits Schedule on the Catastrophically Impaired
• Accidentele Auto: Schimbări Legislative la Statutory Accident Benefits Schedule - Programul de Indemnizaţii Legale pentru Accidente (Auto) în Ontario - Romanian Transalation
• Motor Vehicle Accidents: Legislative Changes to the Ontario Statutory Accident Benefits Schedule
• Laparoscopic Surgery
• Medical Malpractice Litigation
• Causation in Tort Law - A Review of Athey v. Leonati (1996), 3 S.C.R. 458

Real Estate Articles

• Purchasing Decommissioned Gas Stations
• Ruling a Cautionary Tale for Condo Boards
• What Exactly is Title Insurance Anyway?

Rental Housing Articles

• Rent Control Bulletin - Guideline and LMR (July 2011)
• Rent Control Bulletin - Human Rights Crackdown: Landlords Beware! Rental Unit Advertising Targeted (June 2011)
• Rent Control Bulletin: Zero Tolerance and Critical Injuries
• Law Society Paper: New and Old Issues - Transferring Multi-Res Properties -- Watch Out!
• Rent Control Bulletin: Big Issues for Small Landlords - "Contracting Out" Snow Removal and Lawn Maintenance
• Rent Control Bulletin: Some New Suite Metering Rules Will Apply to ALL Seperately Metered Tenancies
• Rent Control Bulletin: Stocking-stuffers... And a lump of coal from the Courts!
• Rent Control Bulletin: Recent Oil Spill Highlights Importance of Proactive Preventative Measures by Owners of Mobile Park Homes
• Rent Control Bulletin: Residential Landlords Can't Escape "Occupiers Liability" (January 2012)
• Rent Control Bulletin: Care Home vs. Retirement Home?: You Better Know The Difference! (May 2012)

Wills and Estates Articles:

• Making Your Will - Lawyer or Will Kit?
• The Importance of Basic Estate Planning