Dianne’s Halifax presentation on contaminated site litigation
Here is Dianne’s presentation to the Canadian Bar Association Mid-winter meeting in Halifax, on Contaminated Site Litigation after Inco. We include a really useful list of Caveat emptor case summaries, with thanks to researcher Kristen Courtney.
View the post titled Dianne’s Halifax presentation on contaminated site litigationTelling legitimate recycling from shams
Last week’s post on “recycling” batteries by turning them into roadbed aggregate, via mill slag, raised the question of what constitutes “legitimate” recycling. The US Environmental Protection Agency has been struggling with this issue for decades; claims to tur…
View the post titled Telling legitimate recycling from shamsA Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem
On February 3, 2014, the Ontario Court of Appeal released its decision Green v Canadian Imperial Bank of Commerce. This decision set aside the Court’s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period. In doing…
View the post titled A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco ProblemWaste Diversion groups can sit uncomfortably with the Competition Act
The industry funding organizations used to provide, or to fund, waste diversion can have anti-competitive effects. There is a natural tendency for large companies with market power to use that power to design waste diversion programs and organizations in their own interest and to create obst…
View the post titled Waste Diversion groups can sit uncomfortably with the Competition ActChallenge to Sage Grouse Protection Order
In December, the Federal Government followed through on its commitment (and obligation) to introduce an Emergency Protection Order for the Greater Sage Grouse, a species on the verge of extinction in Canada. Earlier this month, however, the City of Medicine Hat and LGX Oil & Gas Inc. fi…
View the post titled Challenge to Sage Grouse Protection OrderExcess Soil Management Guidance finalized
The Ministry of the Environment has announced release of the final, Management of Excess Soil – A Guide for Best Management Practices is now available on the Environmental Bill of Rights Registry and the ministry’s website. You can access the guide here. The document provides guidance on man…
View the post titled Excess Soil Management Guidance finalizedShould roadbed slag count as battery recycling?
Waste Diversion Ontario is considering a proposal by Call2Recycle Canada to take over battery recycling from Ontario’s existing Consolidated Municipal Hazardous Solid Waste (CMHSW) diversion program under the Waste Diversion Act, 2002. Ontario’s battery recyclers (including our client)…
View the post titled Should roadbed slag count as battery recycling?Supreme Court: Honest efforts to understand the law are not enough
The Supreme Court of Canada has made compliance with ambiguous regulations tougher than ever, by ruling that honest efforts to understand the law (however confusing) are not enough. In La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, Sovereign General (SG) wa…
View the post titled Supreme Court: Honest efforts to understand the law are not enoughThe Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to Justice
On December 12, 2013, the Supreme Court of Canada released its decision in AIC Limited v Fischer, 2013 SCC 69, which provides very useful guidance on the preferable procedure requirement for certification, particularly on the meaning of access to justice in the preferability analysis. On Dec…
View the post titled The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to JusticeBicycling Law – Past and Future
In “The Rebirth of Bicycling Law“, Professor Christopher Waters provides a fascinating review of the history of bicycling law, dating back to the time when it was called “the law of the wheelman”, as well as a look forward to the future of the “cycling bar̶…
View the post titled Bicycling Law – Past and FutureReceive Blog Posts
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