Supreme Court hears Chevron Ecuador pollution appeal
Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lus…Continue reading the post titled Supreme Court hears Chevron Ecuador pollution appeal
Sydney Tar Ponds Environmental Class Action is over
The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke worksContinue reading the post titled Sydney Tar Ponds Environmental Class Action is over
Less environmental enforcement = more private prosecutions?
When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojus…Continue reading the post titled Less environmental enforcement = more private prosecutions?
Toronto's proposed contaminated land policy
Ontario’s Environment Industry Association wrote a thoughtful and helpful comment on the City of Toronto’s proposed Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act. Much progress has been made, but the proposed Policy still ha…Continue reading the post titled Toronto's proposed contaminated land policy
Endangered Species Act: Challenge to Exemptions
Ecojustice will be in court today. It will argue, on behalf of Ontario Nature and Wildlands League that Regulation 176/13, which allows major industries, such as forestry and mining developments, to avoid strict standards intended to protect at-risk species and their habitats, undermines and…Continue reading the post titled Endangered Species Act: Challenge to Exemptions
More on the anti-wind constitutional question
Court confirms the constitutional validity of the Ontario system for approving and regulating wind turbines, Green Energy Act, Environmental ProtectionContinue reading the post titled More on the anti-wind constitutional question
Divisional Court rejects anti-wind constitutional claim
Special Environmental Protection Act rules for approval of renewable energy projects, including wind farms, do not contravene the Canadian Charter of Rights and FreedomsContinue reading the post titled Divisional Court rejects anti-wind constitutional claim
Finding and Serving those Anonymous Bloggers
In a previous article published on this website, the strict limitation periods associated with a defamation action were discussed; particularly, the six week period for a Notice of Libel and the three month period for the commencement of an action in defamation, as is required under sections…Continue reading the post titled Finding and Serving those Anonymous Bloggers
The New Reality – Summary Judgment Motions
Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin, which was decided b…Continue reading the post titled The New Reality – Summary Judgment Motions
Can purchaser of contaminated site sue neighbour?
The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-exist…Continue reading the post titled Can purchaser of contaminated site sue neighbour?