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Highlights
ENVIRONMENTAL LAW
Renewed Enforcement of the 3Rs Regulations – Increased
Potential for Liability
J. Thomas Curry, Jennifer L. King
The term "3Rs Regulations" describes
strategies for solid waste diversion that are contained in four regulations made
under the Ontario Environmental Protection Act. They try to put in large
scale practice the goals to reduce, reuse and recycle. Because these regulations
are not currently enforced, only 20% of solid waste originating in the
industrial, commercial and institutional ("IC&I") sectors is diverted,
despite the fact that these sectors produce almost 65% of Ontario's solid waste.
However, in May 2006, the Ministry of the Environment announced its intention to
renew enforcement of the 3Rs Regulations. Thomas Curry and Jennifer King discuss how
enforcement of three of these regulations could impact on the IC&I sectors.
Applying only to the largest waste generators in select sectors, these three
regulations create distinct obligations. One requires owners of designated
establishments to conduct waste audits, develop and implement waste reduction
plans, and to update these audits and plans annually. Another requires owners of
multi-residential buildings to have source separation programs for specified
wastes, and to ensure that these wastes are recycled. The third requires
implementation of a packaging reduction work plan. In addition to discussing the
penalties for non-compliance, the authors suggest proactive measures for
avoiding liability.
SECURITIES LITIGATION
Expanding Liability Horizons – Civil Liability for
Secondary Market Disclosure
Jeffrey N. Thom, QC, John R. Shewfelt, Bryant D. Frydberg
Jeffrey Thom, John Shewfelt and
Bryant Frydberg describe the expansion of legislated civil liability for
secondary market disclosure in securities legislation in Alberta, British
Columbia and Manitoba, which have used the Ontario statute as a model. The
authors analyze the Ontario and Alberta provisions, discussing who may sue, who
may be sued, what constitutes actionable misrepresentations, available defences,
liability caps and costs. Both statutes require plaintiffs to obtain leave of
the court before commencing an action. The authors point out several notable
departures from the Ontario, Alberta and Manitoba statutes that are contained in
the B.C. legislation. For example, the B.C. legislation includes defences
arising from having a reasonable compliance system and, in the case of experts,
creates a defence for experts where the misrepresentation made by them was based
on information provided to them and it was reasonable for them to rely on it.
The B.C. legislation also reflects an approach to screening out unmeritorious
claims that differs from that taken in other provinces. The authors also provide
a list of "helpful hints" for issuers to avoid liability for secondary market
disclosure.
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Board
Brian J. Gover
Editor-in-Chief
Stockwoods LLP
Edward J. Babin
Davies Ward Phillips & Vineberg LLP
Michael E. Barrack
McCarthy Tétrault LLP
Robyn M. Ryan Bell
Bennett Jones LLP
William Brock
Davies Ward Phillips & Vineberg LLP
J. Thomas Curry
Lenczner Slaght Royce Smith Griffin
Ivan J. Derer
Gowling Lafleur Henderson LLP
Frank R. Foran, QC
Borden Ladner Gervais LLP
Donald H. Jack
Lerners LLP
André Legrand
Ogilvy Renault LLP
Jeffrey S. Leon
Fasken Martineau DuMoulin LLP
J. Bruce McMeekin
Miller Thomson LLP |