Port Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…Continue reading the post titled Port Colborne class action dismissed
Congratulations, condolences and environmental policy
Congratulations to all the winners in yesterday’s provincial election, and condolences to all the losers. Former environment Minister Wilkinson will be missed; he narrowly lost his riding of Perth–Wellington. The new Minister should be announced shortly.Continue reading the post titled Congratulations, condolences and environmental policy
Banning sludge spreading?
The Québec Court of Appeal has struck down a municipal bylaw banning the spreading of sludge, on the ground that it exceeds the municipality’s jurisdiction.Continue reading the post titled Banning sludge spreading?
Pollution from distant source a nuisance?
The legal category of nuisance may be easier to use for long distance air pollution after a recent comment by the Ontario Court of Appeal. In Antrim Truck Centre Ltd. v. Ontario (Transportation), 2011 ONCA 419 (CanLII), Justice Epstein ruled that nuisance claims can be successfully made, no …Continue reading the post titled Pollution from distant source a nuisance?
Short term gain, long term pain
The city of Toronto has gone through paroxysms in the last few weeks to cut less than $28 million from the city’s budget. All environmental programs are still under review for possible cuts, including those efforts to help the city adapt to climate change. It’s therefore worth re…Continue reading the post titled Short term gain, long term pain
Clean capitalism- the winners
Congratulations to all the winners of the 2012 Clean 50 List for “Outstanding contributors to clean capitalism”. This is an annual competition run by Delta Management. The winners include: Premier Dalton McGuinty and Vicky Sharp, in Public Sector and Politicians. Geoff Cape for his leadershi…Continue reading the post titled Clean capitalism- the winners
Yes, TCE is a carcinogen
After 22 years of study, and intense political maneuvering, the US Environmental Protection Agency has formally classified TCE (trichloroethene, also called trichloroethylene) as a carcinogen, as well as a non-cancer hazard to human health. The assessment is now a formal part of the the Inte…Continue reading the post titled Yes, TCE is a carcinogen
Municipality can require waterfront greening to protect water
The St. Charles Lake provides half the potable water used by Québec City. When nutrients from human activity began to create plagues of toxic bacteria, the City enacted a by-law requiring owners of lakefront property to put in 10-15 metre buffer zones comprised of trees, bushes and other pl…Continue reading the post titled Municipality can require waterfront greening to protect water
Self-incrimination when they make you talk
The police cannot force someone to talk and then use the answers against them; can environmental regulators do so? The courts have always allowed them to, but now the rules are changing.Continue reading the post titled Self-incrimination when they make you talk