Approvals Reform, phase 2
The Ministry of the Environment is moving into the second phase of its long-awaited comprehensive approval reforms. The first part of the new approvals framework became operational on October 31, 2011.Two more parts of this initiative are now open for public consultation. The first isContinue reading the post titled Approvals Reform, phase 2
Roundup on "Roundup"
Dianne is quoted in this week’s Lawyers Weekly about the hard-won “special review” of glyphosate, a weed-control product that contains the pesticide polyoxyethylene tallow amines, and is also known as Roundup. The case is: Wier v. Canada (Minister of Health),  F.C.J. No. 1583. T…Continue reading the post titled Roundup on "Roundup"
What's happened to federal enforcement?
In Getting Tough on Environmental Crime?, Ecojustice collates fragmentary, publicly available information to show the marked decline in federal environmental inspections and convictions since 2004.Continue reading the post titled What's happened to federal enforcement?
Biodiversity protection- how good?
Just as the Ministries of Environment and Natural Resources brace for cuts, the Environmental Commissioner of Ontario has released another timely special report on the grave threats to biodiversity in Ontario.Continue reading the post titled Biodiversity protection- how good?
Ponoka fined $70,000 for sewage discharge permitted by province
While federal environmental enforcement is less frequent these days, the fines imposed are getting larger. The small town of Ponoka, Alberta (population about 7000) was fined $70,000 after pleading guilty to one count under the Fisheries Act. The Town was releasing effluent from their wastew…Continue reading the post titled Ponoka fined $70,000 for sewage discharge permitted by province
In depth analysis of Heyes v BC
We’ve twice mentioned the BC case, refusing to compensate business owners severely impacted during subway construction: Susan Heyes Inc. v. South Coast BC Transportation Authority. See April and March, 2011. The Supreme Court refused leave to appeal on October 20, 2011. The current iss…Continue reading the post titled In depth analysis of Heyes v BC
Congratulations to Environmental Commissioners
I am late in congratulating both the Ontario and the federal Environmental Commissioners for their invaluable annual reports, and will try to look more closely at their findings as time permits. The Ontario Commissioner emphasizes how much the Ontario Ministry of the Environment is doing wit…Continue reading the post titled Congratulations to Environmental Commissioners
Offshore wind moratorium claim
For those interested, here is a copy of Trillium Power vs. The Queen (Ontario), Trillium’s Statement of Claim against the province of Ontario over Ontario’s on-again, off-again policy of encouraging offshore wind development, which is currently under a moratorium again. The alleg…Continue reading the post titled Offshore wind moratorium claim
Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.Continue reading the post titled Expropriating contaminated land
Downspout disconnection- why bother?
A dinner guest recently grumbled about municipal requirements that he disconnect his downspouts. Why are they making us do such a stupid thing, he complained. What’s the point? Do we really have to do it?Continue reading the post titled Downspout disconnection- why bother?