Class action certified for highway noise
"Collective action.. creates a just balance between the people who suffer the consequences of a violation and the offender, who often has much greater resources..."Continue reading the post titled Class action certified for highway noise
Updated air pollution standards
Ontario’s air standards and ambient air quality criteria (AAQC) have been updated for a series of carcinogens and other toxic substances, including 1,3-Butadiene. EBR Registry Number: 010-6214 Manganese and Manganese Compounds: EBR Registry Number: 010-6253 Hexavalent Chromium, and Ch…Continue reading the post titled Updated air pollution standards
Temporary Layoffs: A Lesson for Unwary Employers
While watching a professional development webcast for employment lawyers last month, what stuck in my mind was that I needed to blog about temporary layoffs. Why, you ask? Well, after practicing employment law for the past 12 years, I have come to realize how few employers understand their …Continue reading the post titled Temporary Layoffs: A Lesson for Unwary Employers
Air regulation 419/05 amended for site-specific standards
The Ontario Ministry of the Environment (MOE) has amended Ontario Regulation 419/05: Air Pollution, Local Air Quality to make the process of seeking exceptions to generic criteria less punitive and more useful to businesses. The process has been given a new name, “Site-specific Standard”, an…Continue reading the post titled Air regulation 419/05 amended for site-specific standards
Do Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…Continue reading the post titled Do Pollution Exclusion clauses work?
Approving smelly facilities
Strong opposition to organic recycling facilities, particularly on the ground of odour, can make it challenging to successfully site such facilities. A recent decision of the Alberta Environmental Appeal Board illustrates the “state of art” in regulatory approvals for sites with significant…Continue reading the post titled Approving smelly facilities
How much notice is enough?
A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough.Continue reading the post titled How much notice is enough?
Cumulative effects in approvals
Cumulative effects are extremely hard to manage in any approval process. By definition, the person or project seeking an individual approval does not usually control the other sources of cumulative impact. Nor is the necessary information about the other actual or potential impacts usually b…Continue reading the post titled Cumulative effects in approvals
Wind developers can run transmission lines on roads
On Monday, the Township of Grey Highlands unanimously voted to abandon its planned Divisional Court challenge. The Township had originally voted to seek judicial review of an Ontario Energy Board decision, allowing wind power developer International Power Corporation to run transmission lin…Continue reading the post titled Wind developers can run transmission lines on roads
Can a permit be refused after EA approval?
One frequently troublesome area of environmental law is the intersection between different types of approvals. Once an overarching, project wide approval, such as an environmental assessment, has been granted, may an individual approval be refused?Continue reading the post titled Can a permit be refused after EA approval?