Innovative illustration of the climate change consensus
In its Fifth Assessment Report, the Intergovernmental Panel on Climate Change concluded: “It is extremely likely that human influence has been the dominant cause of the observed warming since the mid-20th century.” Skeptical Science, a website dedicating to explaining “wha…
Continue reading the post titled Innovative illustration of the climate change consensusMunicipal Anti-Wind By-Laws Inoperative
Another Ontario municipality’s attempts to block wind energy development have been thrown out by the courts. Municipalities cannot use anti-wind by-laws to frustrate Renewable Energy Approvals (REA), under the Green Energy Act, S.O. 2009, c. 12 (“Green Energy Act”).
Continue reading the post titled Municipal Anti-Wind By-Laws InoperativeShould Energy Board consider climate before approving pipelines?
Can, and should, the National Energy Board consider climate impacts before approving oil pipelines? The federal government says no, objectors say yes. Now the courts must decide.
Continue reading the post titled Should Energy Board consider climate before approving pipelines?Should Children Have a Right to a Healthy Environment?
On June 17, 2014, several environmental groups in New Brunswick circulated for comment a draft environmental bill of rights for children. Called “A Bill of Rights to Protect Children’s Health from Environmental Hazards,” it is the first of its kind in Canada. If passed, the law would confer …
Continue reading the post titled Should Children Have a Right to a Healthy Environment?Millions for offsite gasoline contamination
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site gr…
Continue reading the post titled Millions for offsite gasoline contaminationWind opponents lose health challenges around the world
A recent report by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case, two turbines which had had a known problem were ordered to be shut d…
Continue reading the post titled Wind opponents lose health challenges around the worldToronto zoning change to promote Tower Renewal
Toronto contains the second largest concentration of high-rise apartments in North America. Most were built half a century ago, during the City’s post-war expansion. The Tower Renewal Project is a major initiative to update these buildings, and make them part of green and equitable future To…
Continue reading the post titled Toronto zoning change to promote Tower RenewalNon-competition clauses can be more damaging than just being unreliable
Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because …
Continue reading the post titled Non-competition clauses can be more damaging than just being unreliableAs minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…
Continue reading the post titled As minimum fines get higher, is there a work-around?Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers
Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employe…
Continue reading the post titled Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers