Obama’s Clean Power Plan: “There is such a thing as being too late”
In a passionate announcement on Monday, President Barack Obama unveiled the United States’ plan for doing its part to combat climate change: the Clean Power Plan (the “Plan”). The Plan sets out to reduce greenhouse gas (“GHG”) emissions from power stations, which comprise the single largest …Continue reading the post titled Obama’s Clean Power Plan: “There is such a thing as being too late”
Records of Site Condition – common problems
Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. The Ministry of Environment and Climate Change…Continue reading the post titled Records of Site Condition – common problems
Better tank standards for diesel, heating fuel and kerosene
The Ontario Technical Standards and Safety Authority (TSSA) is proposing to update the safety requirements governing the storage, handling, and utilization of fuel oil, diesel and kerosene. Leaks and spills of petroleum products continue to be major sources of environmental contamination. Th…Continue reading the post titled Better tank standards for diesel, heating fuel and kerosene
A Short History of Wind Litigation in Ontario
Dianne Saxe delivered a presentation to the American Bar Association on July 22, providing a comprehensive overview of wind litigation in Ontario since the Green Energy Act came into effect. She traced a number of trends in the types of wind cases that are being brought before the Environmen…Continue reading the post titled A Short History of Wind Litigation in Ontario
Does “I Quit” Really Mean “I Quit”?
Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), th…Continue reading the post titled Does “I Quit” Really Mean “I Quit”?
Recent Decision Affirms Precautionary Principle
In May of this year, the Federal Court released a decision that affirms the importance of the precautionary principle in the management of fisheries. The decision (Morton v Canada (Fisheries and Oceans), 2015 FC 575) comes as a result of a challenge, launched by lawyers at Ecojustice on beha…Continue reading the post titled Recent Decision Affirms Precautionary Principle
Absenteeism: When Is It Enough to Warrant Termination?
This issue was addressed in the recent arbitral decision of Humber River Hospital v. Teamsters, 2014 CanLII 50008 (ON LA), where the grievor was employed in the Dietary Department of the hospital and had been for fifteen years. The grievor had a persistent pattern of frequent and unexpected …Continue reading the post titled Absenteeism: When Is It Enough to Warrant Termination?
Rouge National Urban Park: bigger, but probably not better
Stephen Harper announced over the weekend that if re-elected, his government will increase its proposed contribution of federal lands towards the creation of the Rouge National Urban Park. The park has been in the works for some time. To comprise a patchwork of both provincial and federal la…Continue reading the post titled Rouge National Urban Park: bigger, but probably not better
New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Co…Continue reading the post titled New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Environmental Commissioner report on climate change
Congratulations to Ellen Schwartzel, the Acting Environmental Commissioner of Ontario on her first report, issued yesterday. “Feeling the Heat: Greenhouse Gas Progress Report 2015”, is the latest in the Commissioner’s annual reports on climate change. The report concludes that the Ontario go…Continue reading the post titled Environmental Commissioner report on climate change