Wind appeals starting to settle?
Now that the Divisional Court has upheld Ontario’s renewable energy approval process, and the decisions of the Environmental Review Tribunal on concerns about adverse health effects, wind appeals are starting to settle.Continue reading the post titled Wind appeals starting to settle?
Federal Govt stands down wastewater pollution regulations
The federal government has reached an equivalency agreement with Quebec over wastewater pollution regulations intended to protect fish. Under the federal Fisheries Act, the federal government can agree NOT to apply its regulations in a province, if it agrees that provincial regulations in th…Continue reading the post titled Federal Govt stands down wastewater pollution regulations
Hear a podcast with Dianne Saxe
Thanks to Husein Panju for hosting a podcast interview with Dianne on his new site, LawyerEd. Topics include: climate change, polluted lands, and environmental personal liability.Continue reading the post titled Hear a podcast with Dianne Saxe
Kawartha oil spill cost recovery litigation drags on
City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,6…Continue reading the post titled Kawartha oil spill cost recovery litigation drags on
Another court refuses to impose minimum environmental fines
I’m glad to see the courts making more use of s. 59(2) to offset the unreasonable harshness that the minimum environmental fine regime can create.Continue reading the post titled Another court refuses to impose minimum environmental fines
Planning for drought and drinking water in Ontario
Climate change is worsening flooding but it will also bring faster spring runoffs, hotter summers, more evaporation and droughts. What will that mean for Ontario’s drinking water supply? Source water protection committees are trying to plan ahead. According to the Minister of Environme…Continue reading the post titled Planning for drought and drinking water in Ontario
Will the mooter who promised his analysis please send it?
Dianne was honoured to be a semifinal judge again this year at the Willms and Shier Environmental Law Moot at the Ontario Court of Appeal. The mooters argued the appeal that, in their opinion, the Supreme Court of Canada should have heard from the decision of the British Columbia Court of Ap…Continue reading the post titled Will the mooter who promised his analysis please send it?
Peter Dillon speaks with Advocate Daily
Franchise lawyer Peter Dillon recently spoke with Advocate Daily on why a recent Ontario Human Rights Tribunal case illustrates how courts and tribunals can get bogged down because of their failure to utilize summary procedures. Click here to view the full interview.Continue reading the post titled Peter Dillon speaks with Advocate Daily
Will Toronto go to full cost recovery in Surcharge Agreements?
In 2008, Toronto’s Auditor General’s Report on Protecting Water Quality and Preventing Pollution recommended that Toronto should charge industries the full cost of sampling, testing and treating their high strength sewage. In November 2012, Toronto Council considered, and rejected, the…Continue reading the post titled Will Toronto go to full cost recovery in Surcharge Agreements?
Environmental Tribunal rejects two more anti-wind appeals
The Ontario Environmental Review Tribunal has rejected two more anti-wind appeals, Cham Shan Temple v. Director, Ministry of the Environment (13-140) and County of Lambton v. Director, Ministry of the Environment (14-065). Citing the Divisional Court decisions in Dixon v Director, the Tribun…Continue reading the post titled Environmental Tribunal rejects two more anti-wind appeals