Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 01 AUGUST 2016

Agricultural Law NetLetter - Thursday, July 7, 2016

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

A justice of the Ontario Superior Court of Justice has granted summary judgment, dismissing a claim for damages based on the Rule in Rylands v. Fletcher...

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
Author LinkedIn connections

HIGHLIGHTS

* A justice of the Ontario Superior Court of Justice has granted summary judgment, dismissing a claim for damages based on the Rule in Rylands v. Fletcher resulting from alleged odours and seepage emanating from farmland following the application of "biosolids". The Court observed that the spreading of "biosolids" as well as fertilizer/nutrients/pesticides did not constitute a "non-natural" use of property and that there was no evidence that either the biosolids or the odour could be considered a "dangerous product". However, the Court also refused to grant summary dismissal of the same claim based on negligence, trespass or nuisance. The Court observed that there might be evidence to establish contaminated materials had seeped from the farm to neighbouring property; that compliance with Ministry of Environment standards alone might not rule out a negligence claim, and that odours could be subject to a claim in nuisance. The Court commented on different

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario’s Mandatory Annual Holdback Release Starts In 2027: What Owners And Contractors Need To Know

Starting in 2027, all Ontario project owners with contracts entered into on or after January 1, 2026, and most owners with contracts dating back to July 1, 2018, must start releasing statutory holdback to their contractors on an annual basis. This requirement is the latest in a series of construction payment reforms under Ontario’s Construction Act. It replaces the traditional model of retaining holdback until substantial performance. Owners and contractors who fail to comply with the notice and payment timelines face exposure to interest claims, payment disputes, and adjudication proceedings.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Nouvelles règles québécoises sur l’échange des permis de conduire de véhicules lourds : quelles sont les mesures à prendre par les transporteurs ontariens

Ontario truck drivers with less than two years of commercial heavy vehicle experience must now pass a practical road test administered by Quebec's SAAQ before exchanging their license to drive commercial heavy vehicles in the province. This new requirement follows a series of collisions involving heavy trucks in Quebec and a May 2026 audit revealing significant gaps in Ontario's training standards and oversight of providers. Carriers operating across the Ontario-Quebec border must now factor these requireme
CanadaTransport
Miller Thomson
Miller Thomson
Article

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.
CanadaPrivacy
Miller Thomson
Miller Thomson
Article

Canadian Income Tax Source Deductions And Payroll Taxes: What Every Foreign Employer Needs To Know

Foreign companies hiring Canadian employees or allowing remote work from Canada face immediate payroll obligations that begin the moment employment duties are performed on Canadian soil. Understanding income tax source deductions, CPP and EI premiums, provincial payroll taxes, and director liability rules is essential for compliance, regardless of whether the employer maintains a physical Canadian presence.
CanadaTax
Miller Thomson
Miller Thomson
Article

Ontario’s Mandatory Annual Holdback Release Starts In 2027: What Owners And Contractors Need To Know

Starting in 2027, all Ontario project owners with contracts entered into on or after January 1, 2026, and most owners with contracts dating back to July 1, 2018, must start releasing statutory holdback to their contractors on an annual basis. This requirement is the latest in a series of construction payment reforms under Ontario’s Construction Act. It replaces the traditional model of retaining holdback until substantial performance. Owners and contractors who fail to comply with the notice and payment timelines face exposure to interest claims, payment disputes, and adjudication proceedings.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson