Huang v. Fraser Hillary's Limited
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Hourigan, Benotto and Fairburn JJ.A. |
| Citation | 2018 ONCA 527 |
| Docket Number | C63576; C63592 |
| Date | 08 June 2018 |
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21 practice notes
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Access to Justice Versus Freedom of Contract: A Comparative Analysis of Canada and Us Enforcement of Mandatory Arbitration Agreements and Class Action Waivers
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
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Introduction
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
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How Class Actions Have Shaped Litigation Financing Law in Canada
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
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The Role of Certification in Charter Class Actions to Assert the Rights of Persons in Prison
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
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6 cases
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Erectoweld Company Ltd v Procor Ltd et Al
...Oak Inc. et al, v. McColl-Frontenac Inc. et al, 2011 ONSC 6567, 64 C.E.L.R. (3d) 239, at para 52; Huang v Fraser Hillary's Limited, 2018 ONCA 527, 47 C.C.L.T. (4th) 70, at para 35, leave to appeal refused [2018] S.C.C.A. No. 139 The relevant period in this case commenced in August 2011 and ......
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10379875 CANADA Inc. v TIW Industries Ltd/Les Industries TIW Ltee
...natural environment) does not apply to activities before it came into force on July 28, 1971. [117] In Huang v. Fraser Hillary's Limited, 2018 ONCA 527, 47 C.C.L.T. (4th) 70, the Court of Appeal also considered the retrospective application of the EPA. The case involved spills that occurred......
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Milward v Cache Creek (Village)
...responsible for construction of Stage Road or the Culvert. 33 Ms. Milward relies on Huang v. Fraser Hillary's Ltd., 2017 ONSC 1500, aff'd 2018 ONCA 527, for the proposition that liability for a nuisance created by a previous owner can be “predicated on actual or constructive knowledge of th......
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Albert Bloom Limited v. London Transit Commission et al.
...pages 491 – 492. [23] 2015 ONCA 819 (“Midwest”) at para. 73. [24] 2017 ONSC 1500 (“Huang”); affirmed 2018 ONCA 527. [25] Huang, at paras. 76 and 77. [26] Antim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13 at para. 18. [27] 25 O.R. (3d) 765 at......
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5 firm's commentaries
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Ontario Court Of Appeal Summaries (June 4 June 8)
...findings are entitled to deference. There was no error that would permit appellate intervention. Huang v. Fraser Hillary's Limited, 2018 ONCA 527 [Hourigan, Benotto and Fairburn JJ.A.] Counsel: Michael S Hebert and Cheryl Gerhardt McLuckie, for the appellant/respondent, EH Jonathan O'Hara a......
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Case Law Summaries Torts
...V. FRASER HILLARY'S LIMITED, 2018 ONCA 527 In this case, the Ontario Court of Appeal held that foreseeability of harm is not an element of the tort of The finding was made in the context of historical environmental contamination of a property neighbouring that owned by the defendant, Fraser......
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Supreme Court Of Canada Denies Leave To Appeal In The Latest Dry Cleaner Contamination Case
...or strict liability, and (ii) Mr. Hillary was not liable as a nearby residential property owner. Footnote 1 Huang v Fraser Hillary's Ltd, 2018 ONCA 527, leave to appeal to SCC refused, 38282 [Huang 2 Environmental Protection Act, RSO 1990, c E19, s 99(2) [EPA]. 3 Huang v Fraser Hillary's Lt......
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Uncertain Ground: Owners May Be Liable For Unforeseeable Environmental Effects
...Huang v. Fraser Hillary's Limited, 2018 ONCA 527, the Ontario Court of Appeal recently ruled that foreseeability of harm is not an element of the tort of nuisance in the context of historical environmental contamination of a neighbouring property by a dry-cleaning Fraser Hillary's Limited (......
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9 books & journal articles
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Access to Justice Versus Freedom of Contract: A Comparative Analysis of Canada and Us Enforcement of Mandatory Arbitration Agreements and Class Action Waivers
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
-
Introduction
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
-
How Class Actions Have Shaped Litigation Financing Law in Canada
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
-
The Role of Certification in Charter Class Actions to Assert the Rights of Persons in Prison
...5 CELR (NS) 247 (Ont CA); Faieta, above note 51 at 150. 238 Huang, above note 68 at paras 81–84. 239 Huang v Fraser Hillary’s Ltd, 2018 ONCA 527 at paras 31–32. 240 Inco 2001, above note 70 at paras 29–34. 241 Jacob Damstra, “Section 99(2) of Ontario Environmental Protection Act is a Powerf......
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