Posts by Paula Boutis

Appeals from decisions of the Landlord and Tenant Board should be “restricted”

December 14th, 2012 by Paula Boutis

Earlier this year, Justice Matlow made a plea that appeals from decisions of the Landlord and Tenant Board be “restricted” and that perhaps leave to appeal needed to be obtained before appeals could be brought.

We wholeheartedly agree that some kind of gatekeeper function is necessary to keep frivolous and meritless appeals out of the courts.  Continue reading “Appeals from decisions of the Landlord and Tenant Board should be “restricted””

Iler Campbell cases reported

December 14th, 2012 by Paula Boutis

Two of my cases were recently reported: a housing co op eviction on behavioural and arrears grounds; and a worker co op wrongful dismissal and share claim by a former worker owner.  I’ve previously blogged about the worker co‑op case. Check out the links for the whole story of each case.

Ministry of Municipal Affairs and Housing Draft Policies and the Review Cycle for the Provincial Policy Statement

November 27th, 2012 by Paula Boutis

The Ministry of Municipal Affairs and Housing has embarked on its five year review of the Provincial Policy Statement, a document which underpins land use planning decisions in the province of Ontario.

The Canadian Environmental Law Association and EcoJustice have submitted their comments to the proposed revisions.

You can find a copy of their full submissions here (pdf).

Superior Court of Justice renders good news decision for the worker co‑op sector

November 16th, 2012 by Paula Boutis

In early October, the Superior Court released a decision which looked at how the law governing fundamental changes to an employment contract applied in the context of worker co‑operatives. It also considered whether “sweat equity credits” amounted to “member shares” under the Co‑operative Corporations Act (CCA).

Continue reading “Superior Court of Justice renders good news decision for the worker co‑op sector”

The challenges for charities of disclosing fundraising costs

September 4th, 2012 by Paula Boutis

It’s not that often that charities law and criminal law intersect, but the decision of R. v. Gour, decided June 28, 2012, did just that. The case was about an individual, Adam Gour, who had contracted to fundraise for charity, and his and his contractor’s failure to disclose the commissions that would be earned. The court concluded this was a fraud. The case is only six pages long, and makes for a compelling read.

The issue of paying fundraisers in the context of charitable donations has been a controversial one for some time.

Read more on rabble.ca

What powers do Canadian municipalities have to create environmental rights?

June 28th, 2012 by Paula Boutis and Laura Bowman

A reader asked us if Canadian municipalities can pass an environmental bill of rights, as some American jurisdictions have with the help of the Community Environmental Legal Defence Fund. The example provided by the reader prohibited the extraction of natural gas by means other than gas wells installed and operating at the time of the enactment of the ordinance.

In Canada, municipalities are created by provincial laws and their powers are limited both by those laws and by the limits on provincial jurisdiction.

Read more on rabble.ca