When can municipalities regulate environmental impacts?
Eleven years after the landmark Spraytech case, how far have municipalities been able to go in regulating environmental impacts of federally and provincially regulated activities? The people who must live closest to a resource or energy project often turn to their municipalities to protect t…View the post titled When can municipalities regulate environmental impacts?
Siskinds LLP files new class action concerning Poseidon Concepts Corp.
The action alleges, among other things, that the defendants made statements that were materially false and misleading regarding Poseidon Concepts’ financial position, financial performance and cash flows, overstated the company’s incomes and reported inflated assets. For more information or …View the post titled Siskinds LLP files new class action concerning Poseidon Concepts Corp.
New Guidance for Excess Soil management
The Ministry of the Environment has released its draft Best Management Practices for Soil Management in Ontario for two more months of public comment. The document outlines the MOE’s “recommendations” and “expectations” for managing the reuse of excess soils, a hugely important issue for the…View the post titled New Guidance for Excess Soil management
Canada must answer: why aren't we protecting polar bears?
As the polar bears of the Beaufort Sea face record low ice, the Secretariat of the Commission for Environmental Cooperation (CEC) has issued a determination, requiring a response from Canada to submission SEM-11-003 (Protection of Polar Bears). A year ago, on 5 December 2011, the US Center f…View the post titled Canada must answer: why aren't we protecting polar bears?
Enforcing the Mandatory FSCO Mediation Timeline
On November 29, 2012, the Ontario Court of Appeal took a welcomed position by the personal injury bar concerning the statutory scheme for mandatory mediation under the Statutory Accident Benefits Schedule, O. Reg. 34/10 (“SABS”). In Hurst v. Aviva Insurance Company, 2012 ONCA 837, the questi…View the post titled Enforcing the Mandatory FSCO Mediation Timeline
Combined sewer overflows into Great Lakes going down
This month’s issue of Water Canada has some good news about what has been done to cut the flow of untreated sewage into the Great Lakes over the last 40 years. “Curbing the Flow” chronicles the steps that have been taken to slash raw and combined sewer overflows in four Can…View the post titled Combined sewer overflows into Great Lakes going down
Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.View the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
Waste exemption becomes less useful: what is "wholly used"?
The Environmental Review Tribunal has reduced the usefulness of an important exception to the “waste” rules in Regulation 347.View the post titled Waste exemption becomes less useful: what is "wholly used"?
Town liable for negligence re developer's storm sewer
Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such…View the post titled Town liable for negligence re developer's storm sewer
When will Ontario courts refuse to impose minimum environmental fines?
Now that mandatory minimum environmental fines are so high, courts occasionally refuse to impose them. For example, in R v. KIE Farms Ltd., a justice of the peace refused to impose a $25,000 minimum fine on a local farm, even though seepage from its corn silo made a local watercourse toxic…View the post titled When will Ontario courts refuse to impose minimum environmental fines?
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