Environmental Lawyer of the year: Best Lawyers
Dear Dianne Saxe, Please accept our congratulations on being named the Best Lawyers’ 2011 Toronto Environmental Lawyer of the Year.Continue reading the post titled Environmental Lawyer of the year: Best Lawyers
The dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.Continue reading the post titled The dirty side of "clean fill"
Model contract for engineers and their clients
We are frequently consulted on disputes over the wording of contracts between environmental engineers and their clients. Some contracts are just badly drafted, so it’s hard to know what they mean. Others are clearly drafted, but don’t describe what the client was promised. Some …Continue reading the post titled Model contract for engineers and their clients
Successful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits o…Continue reading the post titled Successful nonsuits- hazardous waste
Rusting wrecks an oil spill timebomb?
Who will pay for cleaning up oil from a 70-year-old wreck? The owner of the ship, who may be long gone, or the Armed Forces that sank it?Continue reading the post titled Rusting wrecks an oil spill timebomb?
A rare jail sentence
Jail is a possible penalty for many environmental offences (see s. 187 of the Environmental Protection Act), but is rarely imposed. It is usually reserved for those defiantly causing serious pollution. On September 1, 2010, Pierre Sleiman was sentenced to 90 days in jail and fined $5,000 plu…Continue reading the post titled A rare jail sentence
Renewable energy approvals amendments
As a key pillar in supporting the development of Ontario’s green economy, the Ontario government made O.Reg.359/09 (Renewable Energy Approvals) under the Environmental Protection Act, which came in to force on September 24, 2009. This regulation offers a hopefully one-window approach to regu…Continue reading the post titled Renewable energy approvals amendments
Climate change: How strong is the evidence?
Is climate change science “real science”? Can climate change experts give expert evidence in court? Canadian courts have not yet wrestled with this issue, but American courts have. The leading case is Green Mountain Chrysler v. Crombie. In 2007, the auto industry tried to prevent…Continue reading the post titled Climate change: How strong is the evidence?
Hungarian sludge spill and our tailings ponds
The Hungarian sludge spill disaster is just another reminder of the large scale havoc and devastation that industrial sludge impoundments can create. Every few years we read about another one. On April 25, 1998, a tailings dam failure of the Los Frailes lead-zinc mine at Aznalcóllar near Sev…Continue reading the post titled Hungarian sludge spill and our tailings ponds
Should government get away with defying the law?
I don’t think so. See my column in today’s SLAW, (Canada’s top legal blog) on the Federal Court of Appeal’s weak and unwise decision on the federal government’s defiance of the Kyoto Protocol Implementation Act. The Supreme Court of Canada refused leave to appe…Continue reading the post titled Should government get away with defying the law?
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