Lawyers reflect on the Toxics Reductions Act
The OBA is cautiously supportive of Bill 167, provided that the Act is restricted to essentially the same list of toxic substances that is identified and regulated through the federal Chemical Management Plan, and is limited to planning and reporting, not mandatory reductions.Continue reading the post titled Lawyers reflect on the Toxics Reductions Act
Green Energy Act passed
For a statute that will make such fundamental changes in Ontario's energy policy, this was a stunningly quick transformation from "an intriguing idea" last September to law in less than nine months.Continue reading the post titled Green Energy Act passed
Courts get tougher on partisan experts
The court refused to accept him as an expert. There was no doubt that he had genuine accounting expertise, but he lacked the critical element of impartiality.Continue reading the post titled Courts get tougher on partisan experts
Municipalities recovering spill costs
In 2005, the Environmental Protection Act was amended to allow municipalities a new mechanism to recover the costs of cleaning up spills. s.100.1 allows municipalities to cleanup spills caused by private parties, and to issue orders to recover the costs. This has also allowed the MOE to down…Continue reading the post titled Municipalities recovering spill costs
Green Energy Act Amendments
How did the Green Energy Act amendments respond to the recommendations of the Ontario Bar Association? Details enclosed.Continue reading the post titled Green Energy Act Amendments
First carbon capture law
The coal mining state of Montana has adopted North America's first law on carbon capture and storage.Continue reading the post titled First carbon capture law
Approval process a "vortex of misery"
Debly sued the Ministry of the Environment for $2,322,907.91, for regulatory negligence, negligent investigation, and misrepresentation.
Anyone who has languished in "Approvals hell" may feel a glimmer of sympathy for the Debly family.
Conservation easement upheld
Gottsegen bought waterfront property, subject to a conservation easement to protect a 3 m wooded area at the water's edge. The easement had a built-in penalty for breach, of $100 per day. Gottsegen cut many of the trees and built a retaining wall; the neighbourhood Association sued.Continue reading the post titled Conservation easement upheld
Green energy and condominiums
Should the Condominium Act be amended to encourage developers to include green energy and energy conservation in condominium projects? This was the subject of a fascinating and passionate exchange between members of the Ontario Bar Association’s Real Property Section, which some of you…Continue reading the post titled Green energy and condominiums
Jail for white collar environmental crimes
Atlantic States Cast Iron Pipe Co. has been fined $8 million for environmental and health and safety offences. Four of its senior managers have been sent to jail. Could it happen in Canada?Continue reading the post titled Jail for white collar environmental crimes