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Published on: 17 Apr 2014 By

Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decision

The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud. Our …

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Published on: 16 Apr 2014 By

Another fine for not reporting flyrock as environmental discharge

Last year, Castonguay Blasting lost its appeal to the Supreme Court of Canada against a conviction for failing to report flyrock as an environmental “discharge” under the Environmental Protection Act. Now they have been fined $75,000 for essentially the same offence on another oc…

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Published on: 10 Apr 2014 By

Good news: clarity to come on single use battery “recycling” in Ontario

What should count as battery “recycling”? Is it good enough to melt single use batteries into nickel mill slag, which is put in roadbeds as “aggregate”? Or should we insist on up-cycling end of life batteries, i.e. carefully separating and reusing each of the hazardous components…

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Published on: 8 Apr 2014 By

First “climate refugee” case going to appeal in New Zealand

On 1st May, 2014, the New Zealand Court of Appeal will hear Ioane Teitiota’s claim to become the world’s first climate refugee. Mr. Teitota is from a remote atoll in the Pacific nation of Kiribati, one of the lowest-lying nations on Earth. He is trying to convince New Zealand jud…

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Published on: 7 Apr 2014 By

Blue Box arbitration: Third procedural victory for municipalities

Retired justice Robert Armstrong has given a third procedural victory to municipalities in the hotly disputed Blue Box funding arbitration. The Blue Box arbitration will now proceed, as scheduled, as a single hearing, instead of being broken up into parts, as stewards proposed: Bifurcation D…

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Published on: 2 Apr 2014 By

Japan’s whaling program ruled unscientific, must stop at last

In May 2010, Australia launched legal proceedings against Japan in the International Court of Justice (ICJ) alleging that: “Japan’s continued pursuit of a large-scale program of whaling under the Second Phase of its Japanese Whale Research Program under Special Permit in the Antarctic (‘JARP…

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