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 managementCanada 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 TimelineCombined 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 downInnocent 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 orderWaste 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 sewerWhen 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?Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province?
In this new article Siskinds Associate Mike Polvere takes an in depth look at the issue of cross border litigation and defamation. He discusses how the courts go about choosing the best jurisdiction to hear the matter. Is it prudent to start a libel action in Canada if the person who defamed…
View the post titled Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province?Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province? New Article by Mike Polvere of Siskinds LLP
In this new article Siskinds Associate Mike Polvere takes an in depth look at the issue of cross border litigation and defamation. He discusses how the courts go about choosing the best jurisdiction to hear the matter. Read the full article here.
View the post titled Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province? New Article by Mike Polvere of Siskinds LLPReceive Blog Posts
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