Designing a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:Continue reading the post titled Designing a holdback clause
Keeping drugs out of our drinking water – an update
Leftover drugs should never be flushed down toilets or discarded with regular garbage. Consumers should return unused drugs to their pharmacies for incineration.Continue reading the post titled Keeping drugs out of our drinking water – an update
Why does so much filth pour out of Toronto sewer outfalls? Hundreds of the outfalls, which should only carry rainwater and perhaps noncontact cooling water, run even in dry weather. Toronto’s water department has identified 53 priority outfalls, places where the “water” p…Continue reading the post titled Stormwater surprise
Climate change, KPIA and the rule of law
When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.Continue reading the post titled Climate change, KPIA and the rule of law
More Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…Continue reading the post titled More Olympic nuisance lawsuits
Why do new fuel tanks leak?
New fuel tanks leak because our safety standards are too lax, according to the Ontario Superior Court of Justice. In Muskoka Fuels v Hassan Steel Fabricators, the plaintiff petroleum distributor purchased a fuel tank manufactured by Hassan. Diesel oil leaked from the tank into a bog less th…Continue reading the post titled Why do new fuel tanks leak?
Regional official plans and the ANS
These kinds of errors can make a Record of Site Condition contain "false or misleading" information or certification.Continue reading the post titled Regional official plans and the ANS
Renewable energy FIT contracts rolling out
The Ontario Power Authority has just announced the first group of contracts to buy renewable energy electricity at premium Feed in Tariff (FIT) prices, under the Green Energy Act. These contracts have been awarded for projects that do not require upgrades to the electrical transmission and d…Continue reading the post titled Renewable energy FIT contracts rolling out
Environmental insurance getting cheaper?
Last week, insurance representatives told the Ontario Bar Association that environmental cleanup insurance has become much less expensive, perhaps 1 cent per square foot per year for large property portfolios. The available coverages have also expanded. This is good news. Environmental insur…Continue reading the post titled Environmental insurance getting cheaper?
Making parent companies pay: a sting in the tail of approval reform
This should add some surprising complications to a wide variety of transactions.Continue reading the post titled Making parent companies pay: a sting in the tail of approval reform