Court Awards Former Employee 27 Months’ Pay in Lieu of Notice of Termination
A recent judgement by an Ontario court serves as a reminder to employers of the importance of having employment contracts in place to limit the business’ financial exposure when terminating an employee. Employers are likely aware that they generally cannot terminate employment without cause …
View the post titled Court Awards Former Employee 27 Months’ Pay in Lieu of Notice of TerminationWind turbines and radiation emitting devices act
Does operating a wind turbine contravene the federal Radiation Emitting Devices Act? I don’t think so. Here are four (alternative) reasons: First, in my view, a wind turbine is not a “device” within the meaning of this Act. In legal terms, physical things are divided into what we…
View the post titled Wind turbines and radiation emitting devices actEndangered Species Regulations go to Court of Appeal
Environmental groups will get a second chance to try to strike down regulations that weakened Ontario’s protections for endangered species and their habitat. Ecojustice, the Ontario Federation of Naturalists and the Wildlands League have obtained leave to appeal to the Court of Appeal.…
View the post titled Endangered Species Regulations go to Court of AppealClimate litigation: US youth sue the government for climate inaction
There is lots of climate-related legal action occurring in the US these days. A few weeks ago, for example, we blogged about the Clean Power Plan, Obama’s plan for reducing greenhouse gas emissions in the US. Several lawsuits have already been filed (and at least one has already been d…
View the post titled Climate litigation: US youth sue the government for climate inactionSupreme Court allows Ecuador pollution plaintiffs to sue Chevron Canada
Chevron has lost a skirmish, but the major battles are still ahead
View the post titled Supreme Court allows Ecuador pollution plaintiffs to sue Chevron CanadaInternational Chemicals Management meeting
In 2002, at the World Summit on Sustainable Development, the international community adopted an ambitious target for world wide sound management of chemicals and hazardous wastes by 2020: [T]hat chemicals are used and produced in ways that lead to the minimization of significant adverse effe…
View the post titled International Chemicals Management meetingHeavier cyclist-friendly fines now in effect
Starting today, September 1, 2015, drivers–and cyclists–will face stiffer fines for a variety of unsafe behaviours. The “Making Ontario Roads Safer Act”, which sailed through the legislature with unanimous support in June, seeks to reduce collisions on the roads. Many of the chan…
View the post titled Heavier cyclist-friendly fines now in effectPrecautionary principle stronger part of Canadian law
This may be the strongest, most nuanced judicial statement on the precautionary principle in Canada since the Supreme Court of Canada first recognized it in Spraytech
View the post titled Precautionary principle stronger part of Canadian lawThe Dutch Climate Case: Beginning of a New Era of Climate Litigation?
In an worldwide first, the Hague District Court has ordered the Dutch government to cut its greenhouse gas emissions (GHGs) by at least 25% compared to 1990 levels by the end of 2020. The decision, an English translation of which can be found here, has been widely reported and discussed (inc…
View the post titled The Dutch Climate Case: Beginning of a New Era of Climate Litigation?Pivotal lawsuit over the Peel River watershed
Can the Yukon government simply reject what the First Nations have to say about the exploitation of their traditional territory?
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