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?
New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act
The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the “ESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work. Where employees believ…Continue reading the post titled New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act
Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases
Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee …Continue reading the post titled Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases