Appeal Court overturns OMB Overreach
At the end of August, the Divisional Court granted the Town of Richmond Hill’s appeal of a decision of the Ontario Municipal Board (OMB). The OMB approved Richmond Hill’s Official Plan policies that required the conveyance of parkland as a condition of development, but then directed that the…
View the post titled Appeal Court overturns OMB OverreachMunicipal orders under section 100.1 of the EPA
The seemingly never-ending litigation related to a spill of furnace oil fuel in the City of Kawartha Lakes is inching closer to resolution. In Technical Standards and Safety Authority v Kawartha Lakes, 2016 CanLII 41685 (ON ERT) the Environmental Review Tribunal (the “Tribunal”) tackled the …
View the post titled Municipal orders under section 100.1 of the EPATeck Metals to pay $8.25 million to Coleville Tribe
On August 12, 2016, Justice Suko of the U.S. District Court (Eastern District of Washington) ruled that Teck Cominco Metals, Ltd., a Canadian company, was liable to the Confederated Tribes of the Coleville Reservation for “response costs” of $8.25 million, plus prejudgment interest, under th…
View the post titled Teck Metals to pay $8.25 million to Coleville TribeIs there a “right to light?”
In urban environments, land and resources are finite and are, as a result, often faced with conflicts over the appropriate development and use of land. Such conflicts are particularly bitter when they concern proposed condominium development and “big box” store developments in the down…
View the post titled Is there a “right to light?”The tricky business of limitations and contaminated land claims
In May of 2016, the Superior Court of Justice delivered reasons in Valco Instruments Canada v. Imperial Oil, dismissing in part a defendant’s summary judgment motion related to a contaminated land claim. The court concluded that the limitation period for a negligence claim had expired by the…
View the post titled The tricky business of limitations and contaminated land claimsUP, UP, AND AWAY: What’s new with Notice periods?
Unfortunately for employers, there is a fair bit new with notice periods and not in a welcome direction. While 24 months has typically been viewed as the upper end of reasonable notice periods, there have been a number of decisions recently which have challenged that assumption. In Markoulak…
View the post titled UP, UP, AND AWAY: What’s new with Notice periods?Federal environmental law reform picks up steam
The government recently announced the members it has appointed to the Review of the Environmental Assessment Process Expert Panel (the “EA Panel”), created to examine how environmental federal environmental assessments are conducted for large-scale resource projects. The federal government h…
View the post titled Federal environmental law reform picks up steamOntario Courts Ensure Access to Justice for Victims of Illegal Cartels
Four recent decisions from the Ontario courts affirm the importance of preserving remedies for plaintiffs impacted by unlawful conspiracies. The decisions relate to four separate price-fixing conspiracies involving LCD panels (used in televisions, computer monitors and notebook computers), l…
View the post titled Ontario Courts Ensure Access to Justice for Victims of Illegal CartelsMaryland first U.S. state to regulate neonicotinoids
Since the European Union voted to suspend the use of three neonicotinoid insecticides in 2013, there has been significant interest in Canada and the United States to regulate the use of these pesticides. Also known as neonics, these pesticides are believed to be significantly contributing to…
View the post titled Maryland first U.S. state to regulate neonicotinoidsThe unlikely intersection of nuclear fallout and green energy
Will the world’s largest atomic fallout exclusion zone one day host the world’s largest solar farm? The infamous nuclear disaster at the Chernobyl nuclear power plant, near Pripyat in Soviet Ukraine, occurred 30 years ago. A fire and series of explosions in one of the plant’s reactors caused…
View the post titled The unlikely intersection of nuclear fallout and green energyReceive Blog Posts
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