Business Law

When contamination flows offsite, can a subsequent purchaser of the downgradient parcel successfully sue the upgradient polluter? Most caselaw suggests that the buyer is out of luck. Caveat emptor, let the buyer beware, is still a fundamental principle of real estate law. The buyer who asks …

Homeowners frequently want to sue their insurers for fuel oil contamination, even if they only have third party coverage. Several years ago, many insurers amended their policies to remove first party (own property) coverage for oil spills, unless homeowners paid a special premium. Few paid t…

After ducking out of an earlier public session, Canada’s Environment Minister announced Canada’s climate change program at Bali yesterday. His big news? Canada will collect some more information about how many greenhouse gases we emit.    It’s hard to get excited about this…

BC’s most important contaminated sites decision is being appealed, and representatives of the public interest want a say. Surprisingly, the Court of Appeal has granted standing to an NGO as well as the Attorney General, both to argue for a broader interpretation of BC’s Environme…

The science of climate change is now clear; what will the legal consequences be? With the release of their fourth report, the Nobel-Prize-winning Intergovernmental Panel on Climate Change (IPCC) has confirmed it: the climate is changing faster than anyone thought possible, and it’s because o…

As the scientific evidence of climate change becomes ever more frightening, the collapse of Skypower Wind Energy Fund LP offers a cautionary tale of the barriers faced by renewable energy. Two years ago, this partnership raised $77 million to build a 201 MW wind energy plant in Riviere-du-Lo…

Looking for low carbon presents? Want to assuage your guilt about flying this holiday season, while helping others? We did! We were delighted to find that it is quick and easy, though not cheap, to buy carbon offset credits for clients and colleagues, and even for ourselves. The average Cana…

This week, Ontario’s Brownfields Stakeholder Group was delighted to hear that progress is being made on some old problems. For example:  1. Escheats: When a company is dissolved, its remaining assets go automatically to the Crown. As a result, the province ends up (without its knowledg…

Municipalities are often squeezed between the imperative of waste diversion, and the immense practical and legal obstacles that can plague it. Last week, waste diversion pioneer, the City of Guelph, was fined $40,000, plus a 25% Victim Fine Surcharge. Charges against the waste manager, perso…

The Science Now that the Intergovernmental Panel on Climate Change has formally released its Fourth Assessment Report, the pressure is on governments everywhere to actually do something. This report synthesizes the three component reports released earlier in the year, in which world governme…