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Published on: 17 Feb 2015 By (Dianne Saxe)

Another anti-wind appeal dismissed by Tribunal

The Ontario Environmental Review Tribunal has dismissed yet another anti-wind appeal, in 14-059 GILLESPIE V. MOE. This upholds the renewable energy approval issued to the Goshen Wind Energy Centre, up to 63 wind turbines, with a generation capacity of 102 megawatts, located in Bluewater and …

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Published on: 23 Jan 2015 By (Dianne Saxe)

Supreme Court hears Chevron Ecuador pollution appeal

Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lus…

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Published on: 8 Jan 2015 By (Dianne Saxe)

Can purchaser of contaminated site sue neighbour?

The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-exist…

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Published on: 6 Jan 2015 By (Dianne Saxe)

Largest Canadian environmental penalty: $7.5 MM

Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the l…

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