MAG says Crown liability changes defend taxpayers from ‘deep-pocketed lawyers’ | Law Times The report by the independent legal reform organization was only an early, partial analysis of the Crown Liability and Proceedings Act, 2019, which just received royal assent in May. Courts will still need to determine the scope of the law, LCO Executive Director Nye Thomas told Law Times. The LCO report raised concerns about s. 11 of the CLPA, “Extinguishment of causes of action respecting certain governmental functions,” as well as s.17, “No proceeding for misfeasance, bad faith without leave;” s. 30, “Regulations and s. 31, “Transition.” But Downey’s office says that “people can always sue in Ontario’s courts to receive the justice they deserve.” While there is limited data available on how courts treat class action suits in Ontario, the LCO’s report said the “number of class action matters filed in recent years has clearly increased.”
WHAT DOES FMCSA’S ELD MANDATE MEAN FOR YOUR BUSINESS? Current legislation, FMCSA’s rule 395.15, states that drivers must log their duty status, whether they are operating the vehicle, or are on or off-duty. Furthermore, according to the United States Department of Transportation, these records must be readily available if requested by law enforcement. Drivers must be able to present their duty reports from the past seven days, plus the current day. What is the Electronic Logging Device Mandate? FMCSA’s 516-page ELD mandate, also known as the “Final Rule”, updated previous safety administrations to include sections on Hours of Service (HoS) and how electronic logging devices can make your drivers’ lives easier while remaining compliant with HOS. The basics of the FMCSA ruling states that ELDs: Within two years, approximately three million drivers are expected to be impacted by this ruling. What the ELD Mandate means for Canadian Drivers ELDs and Their Proven Safety Benefits HoS compliance has always been a hot-button issue. The learning curve
Nation Rise Wind Farm: Ontario Court Quashes the Minister’s Decision to Revoke a Key Approval | McCarthy Tétrault In December, 2019, the Ontario Minister of the Environment, Conservation and Parks revoked the Renewable Energy Approval (“REA”) issued for the construction and operation of the Nation Rise Wind Farm. The Minister’s decision to revoke the approval was based largely on the potential of the project to harm bats in the local area. The Minister’s decision was surprising for a number of reasons: (1) the Minister revoked a decision made by a Director of his own Ministry to issue the REA; (2) the project had already been subject to and successful in an appeal before the Environmental Review Tribunal (“ERT”); and (3) Nation Rise Wind Farm, a 100 megawatt wind turbine project, was already well under construction. Background A REA, issued under the Ontario Environmental Protection Act (the “EPA”), is the key approval required to construct and operate a wind farm in Ontario. In May, 2018, the Director issued a REA for the Nation Rise Wind Farm. Divisional Court Decision Conclusions and Next Steps
Licence - to perform marriages in Ontario The Marriage Act, a provincial statute, governs who may perform marriages in the Province of Ontario. Section 20 of the act states that only those who hold positions enumerated in Section 24, namely Judges and Judges of the Peace, or those who are licenced under Section 20 may perform marriages. Section 20 indicates that in order to be licenced one must be ordained or appointed according to the rites of the religious body which he is a member, or is deemed to be ordained or appointed according to the rules of that body, is duly recognized by that religious body to perform marriages. There are other provisions where the religious group does not recognize individuals to perform marriages. Marriage Officiants are registered through the Office of the Registrar General. Marriage Act, R.S.O. 1990, Chapter M.3
Constitution Acts, 1867 to 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms Marginal note:Rights and freedoms in Canada 1. Fundamental Freedoms Marginal note:Fundamental freedoms 2. (a) freedom of conscience and religion;(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;(c) freedom of peaceful assembly; and(d) freedom of association. Democratic Rights Marginal note:Democratic rights of citizens 3. Marginal note:Maximum duration of legislative bodies Marginal note:Annual sitting of legislative bodies 5. Mobility Rights Marginal note:Mobility of citizens Legal Rights Marginal note:Life, liberty and security of person 7. Marginal note:Search or seizure 8. Marginal note:Detention or imprisonment 9. Marginal note:Arrest or detention 10. Marginal note:Proceedings in criminal and penal matters 11. Marginal note:Treatment or punishment 12. Marginal note:Self-crimination 13. 14. 21. 22.
The Canadian Bar Association : <em>Crown Liability and Proceedings Act 2019:</em><br /> Practice and Procedure OBA Administrative Law / Public Sector Lawyers PROGRAM | 12:00 PM to 2:00 PM The Crown Liability and Proceedings Act 2019 (CLAPA) revamps Crown liability in Ontario and the process for suing government in tort. To understand how CLAPA will affect your representation of clients, join our expert faculty representing both plaintiff and defendant perspectives, as they unpack the key takeaways from the legislation and highlight how your practice will change. The new procedural rules Eliminating negligence actions involving certain governmental functions Seeking leave in proceedings for torts of misfeasance or bad faith Good faith decisions and removing financial liability CLAPA’s retroactive application What to expect moving forward with the legislation Register now for this essential program and get the practical insight you need to keep abreast of CLAPA. Margaret Drent, Law Society of Ontario Jeff G.
Access to Information Act Short Title Marginal note:Short title 1 This Act may be cited as the Access to Information Act. 1980-81-82-83, c. 111, Sch. I “1” Purpose of Act Marginal note:Purpose of Act R.S., 1985, c. Interpretation Marginal note:Definitions 3 In this Act, alternative format , with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; (support de substitution) business day means a day other than (a) a Saturday;(b) a Sunday or other holiday; and(c) a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable) Court means the Federal Court; (Cour) designated Minister means a person who is designated as the Minister under subsection 3.2(1); (ministre désigné) foreign state means any state other than Canada; (État étranger) government institution means head , in respect of a government institution, means Information Commissioner means the Commissioner appointed under section 54; (Commissaire à l’information)
RSNL1990 CHAPTER H-3 - HIGHWAY TRAFFIC ACT 60.02 [Rep. by 2018 c25 s3] Back to Top Rep. by 2019 c20 s3 60.03 [Rep. by 2019 c20 s3] 2019 c20 s3 Back to Top 60.04 [Rep. by 2019 c20 s3] 60.05 [Rep. by 2019 c20 s3] 2019 c20 s3 Request for surrender of driver's licence at roadside 60.1 (1) A peace officer shall request a driver or person who has care or control of a motor vehicle to surrender his or her driver's licence where one or more of the following apply: (a) upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code the driver or person who has care or control of a motor vehicle fails or refuses to comply with the demand; (b) a peace officer has reasonable grounds to believe that the ability of the driver or person who has care or control of a motor vehicle to operate a motor vehicle is impaired by a drug or a combination of a drug and alcohol; (c) upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code a (i) driver of a commercial motor vehicle or taxi, Periods of suspension 61 62