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Articles by Kent Elson
Manitoba Hydro’s $3 billion fossil fuel bet
Manitoba Hydro plans to spend $3 billion to build three new fossil fuel power generation turbines in 2030. This big bet on fossil fuel generation would be a big mistake for both the planet and Manitoban’s pocketbooks. The initial $3 billion price tag is only part of the financial harm we will suffer if these plans go ahead. At ongoing public hearings at Manitoba’s Public Utilities Board, Manitoba Hydro admitted that gas plant costs will be higher than forecast but has declined to say by how much.
First Nations policing legislation misses the mark
(Version française disponible ici) In 2019, the federal government passed groundbreaking Indigenous child welfare legislation.
Kent Elson
Kent Elson Kent Elson is a Toronto-based lawyer and principal at Elson Advocacy. He represents the Chiefs of Ontario on policing and justice-related matters, including the federal governmentâs planned First Nations policing essential service legislation.
Opinion: Why is Ontario taking from homeowners to subsidize gas companies?
Open this photo in gallery: Ontario Energy Minister Todd Smith addresses a news conference in Pickering, Ont. on Jan. 30.Frank Gunn/The Canadian Press Please log in to bookmark this story.Log InCreate Free Account Kent Elson is an energy lawyer. Gas customers across Ontario should be paying close attention to Bill 165, which is up for debate this week at committee hearings at Queen’s Park.
Hernia Mesh Class Action
Lawyers representing families alleging that Ontario based nursing home operator, Revera Inc., breached its duty of care to its elderly and infirm residents, announced last December that they would be discontinuing an application for class action and instead proceeding under a mass tort. This decision highlights what appears to be the increasing trend towards mass tort claims in the Province of Ontario and away from class action lawsuits in certain circumstances.
Young lawyers who hope to be benchers at the Law Society of Ontario say unpaid work, student debt, the partnership path and costs of running an election are some of the issues that face new calls running for representation. Do you feel that a lack of youn
Young lawyers who hope to be benchers at the Law Society of Ontario say unpaid work, student debt, the partnership path and costs of running an election are some of the issues that face new calls running for representation. Do you feel that a lack of young benchers has a harmful effect on the governance of the Law Society of Ontario? Yes, this is problematic and needs to change. No, this is not something that is problematic and does not affect the governance of the regulator.
Lawyers hope for amendments to environmental assessment bill
The federal government’s bill to reform the environmental assessment process, Bill C-69, has reached the committee stage in the Senate, with a number of senators publicly commenting that they would like to see amendments made to the bill in the face of certain industries objecting to it. Environmental lawyers in Ontario say they hope the government will be open to amendments.
Torture victim appeal dismissed in fee dispute
Kate Mazzucco says a recent Ontario Court of Appeal ruling contains lessons for lawyers using contingency fees. The Ontario Court of Appeal has dismissed the appeal brought by Abdullah Almalki — a Canadian who was falsely accused of terrorism, then tortured and imprisoned in Syria — disputing the contingency fee agreement he made with his lawyers on a settlement he received from the Canadian government for complicity in his ordeal.
The election cometh
If the hundreds of people who tuned into a Law Society of Ontario webcast on the upcoming bencher election is any indication, this could be a very exciting race. Earlier this month, more than 300 people tuned into the broadcast, which is still available on the Law Society of Ontario website. At this point, dozens of people have already indicated to Law Times their interest in running, including current benchers who are seeking re-election.
Family status accommodation at centre of case
A recent Ontario Superior Court decision shows the courts are still grappling with how best to determine what classifies as workplace discrimination on the basis of family status, say lawyers who represent employers and employees. In June, Justice Elizabeth Shearddismissed all complaints in Peternel v. Custom Granite & Marble Ltd.
The Law Society of Ontario is considering whether to alter the restrictions on real estate lawyers who get fees and other perks paid by certain title insurers. Do you feel it's ethical for real estate lawyers to get fees and receive other perks paid by ce
The Law Society of Ontario is considering whether to alter the restrictions on real estate lawyers who get fees and other perks paid by certain title insurers. Do you feel it's ethical for real estate lawyers to get fees and receive other perks paid by certain title insurers?
Progress to be made on mental health
In the last several years, thankfully, the Law Society of Ontario has finally started to recognize the true diversity that exists in our profession. There have been different strategies to deal with women in the profession, sexual harassment and ethnic diversity, as well as addiction and mental health issues.
Monday, January 21, 2019
Greg Neinstein said he’s pleased that his firm has settled a certified class action case. NEINSTEIN CLASS ACTION SETTLED A judge approved a settlement in a certified class action that alleged a breach of the Solicitors Act, according to Neinstein LLP, the firm named in the case, Hodge v. Neinstein.
Changes to act mean work for lawyers
Significant legislative changes governing Ontario’s condominium industry which began rolling out more than a year ago have created a greater degree of fairness, say condo lawyers. There is concern, however that the many changes to the Condominium Act have been introduced through a complicated process resulting in growing pains, they add.
Tribunal still dealing with records cases only
Ontario’s new Condominium Authority Tribunal has proven its usefulness in just over a year of existence in its limited capacity to deal with disputes over records, say lawyers. But there remains a concern that its lack of ability to award costs may make it more vulnerable to abuse, say lawyers.
Embracing change
This week, you may notice the print edition of Law Times looks a little different. We’ve launched a redesign of the newspaper, in order to enhance readability. It’s part of ongoing efforts to ensure both our print and online content is accessible, and enjoyable to peruse.
Editorial Cartoon: January 21, 2019
Ontario lawyers and bencher contenders recently said they are hoping that new proposed rules for alternative business structures limit the corporate influence on lawyers. Will this issue be something that factors into your voting for the upcoming election for benchers at the Law Society of Ontario? Yes, this issue will influence how I vote. No, I think there are other issues of greater significance facing the profession. Subscribe to Canadian Legal Newswire
Ruling on obligations of bankrupt companies coming
In the spring, the Supreme Court of Canada heard arguments in Orphan Well Association, et al. v. Grant Thornton Limited, et al., regarding the obligations that trustees or receivers of bankrupt companies have when it comes to cleaning up contaminated sites they have acquired. Ontario lawyers say they are paying attention to the decision, which could have an impact on regulatory oversight for businesses across Canada.
How to address mental illness and lawyers
In a pair of recent decisions — Law Society of Ontario v. Burtt, 2018 ONLSTH 63 and Law Society of Ontario v. Yantha, 2018 ONLSTH 94 — the Law Society Tribunal grappled with what accommodation for mental illness is required in terms of discipline imposed by the Law Society of Ontario.
Naiomi Metallic
Naiomi Metallic is from the Listuguj Mi’gmaq First Nation in Quebec. She is a full-time faculty member at the Schulich School of Law at Dalhousie University and holds the Chancellor’s Chair in Aboriginal Law and Policy.
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