First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

Legal

Section 99 of the Environmental Protection Act: Ontario Courts continue to clarify its scope and power

In Huang v Fraser Hillary’s Limited, the Ontario Superior Court of Justice confirmed that plaintiffs can rely on section 99 of the Environmental Protection Act—a section enacted in 1985—to claim damages for spills which occurred before section 99 was enacted. The Court’s discussion in this case provides helpful guidance on the possible reach and limitations of the so-called “spill action” legislation.

 

, , , , , , , , , , , , , ,

IP monitor: Trademarks unlimited provincially

In a recent summary judgement decision with respect to trade mark infringement Driving Alternative Inc v. Keyz Thankz Inc, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement which occurred in Ontario because the evidence of the Plaintiff established that the activities of the Defendants have caused damage to the Plaintiff beyond Ontario, including confusion in Alberta.

 

, , , , , , , , ,