Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Environmental Law and Litigation  2. Kelly Santini LLP’s Employment Law Blog for the Suddenly Unemployed  3. Slater Vecchio Connected  4.  5. BC Injury Law Blog

Environmental Law and Litigation
$25,000 fine for unreported waste oil spill
Huron District Contracting Limited was fined $25,000, plus a victim fine surcharge of $6,250, for spilling petroleum hydrocarbons from a waste oil tank.Huron District Contracting does marine construction and excavation near Goderich, Ontario. According to the Ministry of the Environment, “While an employee was moving an above ground storage tank containing waste oil and other products, the equipment being used struck a valve on the tank, causing the valve to break off. The contents of the tank discharged onto the ground adjacent to a neighbouring farm property. . . .”

Kelly Santini LLP’s Employment Law Blog for the Suddenly Unemployed
Privacy Rights and the WSIB
Can an employer of a worker receiving WSIB benefits obtain access to that worker’s personal information and medical records?

In a case decided earlier this year by the Ontario division court, Lambton Kent District School Board v. Workplace Safety and Insurance Board, 2013 ONSC 839 (CanLII), the answer would appear to be not unless the worker consents. The case concerned an application brought by a number of school boards for a court order that the Workplace Safety and Insurance Board (“WSIB”) give them certain personal information about their injured workers after the WSIB refused to disclose information from individual workers’ claims files to them. . . .

Slater Vecchio Connected
Police May Keep Your Phone If You Text and Drive
Distracted drivers may see more consequences if B.C. police have a say in the matter. Victoria Police Chief Jamie Graham will present a motion to the B.C. government in June to seize the phones of distracted drivers and increase fines. Nationwide, police handed out over 5,500 tickets for distracted driving in February alone. . . .
A farmee that spuds in the test well has the right to a default notice
Case commented on: EOG Resources Canada v Unconventional Gas Resources Canada Operating Inc., 2013 ABQB 105 (MC) This decision interprets the default clause (Article 13) of the Canadian Association of Petroleum Landmen’s (CAPL) Farmout and Royalty Procedure. It confirms that there is no automatic termination of the farmee’s right to earn provided that the farmee has spudded in the earning well; the farmee is entitled to proper notice of default and the opportunity to rectify that default. . . .

BC Injury Law And ICBC Claims Blog
BC Court Of Appeal Discusses Two Routes Of Challenging Jury Notices
Last year I discussed the fact that the BC Supreme Court can deal with Jury Strike applications both under Rule 12-6(5) and also as part of the trial management process. Reasons for judgement were released last week by the BC Court of Appeal (Wallman v. Gill) addressing this reality but also providing comments on the limits of when the trial management process is an appropriate forum for such an application. The Court provided the following feedback . . .

*Randomness here is created by and its list randomizing function.

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