Off-shore wind law suit against Ontario will proceed
Trillium Power Wind Corporation’s planned off-shore wind farm in Lake Ontario was effectively cancelled by the provincial moratorium on off-shore wind development, openly adopted for political reasons. Trillium sued the Province for $2.25 billion in costs thrown away and loss of profi…
Continue reading the post titled Off-shore wind law suit against Ontario will proceedBuyer can’t void purchase of contaminated land
Crosslink Bridge Corp. (Crosslink) purchased contaminated land from CN Railway (CN) in 2008 to develop a tourism, entertainment, retail and sports venue in the Niagara region. Crosslink received a box of environmental reports, including the Certificate of Requirement (also registered on titl…
Continue reading the post titled Buyer can’t void purchase of contaminated landUpcoming Legislative changes will impact Ontario Not-For-Profit Corporations
In 2014 there will be significant changes to the legislation governing Ontario’s not-for-profit corporations. The changes will affect requirements of directors and the by-laws. In this article Curtis discusses the timeline for those changes and recommends first steps for ensuring your not-fo…
Continue reading the post titled Upcoming Legislative changes will impact Ontario Not-For-Profit CorporationsIs parent company liable for crimes of foreign subsidiary?
The Ontario Superior Court has dismissed Hudbay Minerals’ motion to strike out the claims against it, and its subsidiary, for rapes and other human rights abuses allegedly committed in Guatemala. The Court concluded that the plaintiffs’ claim, that the Canadian parent company is …
Continue reading the post titled Is parent company liable for crimes of foreign subsidiary?Environmental Tribunal reluctantly approves wind turbines near eagles' nest
The Environmental Review Tribunal has issued another decision approving a 45 turbine wind farm, but strongly recommended that the proponent defer or relocate the two turbines within 800 metres of a bald eagles’ nest. Lewis v. MOE, 13-044 is an appeal from a Renewable Energy Approval Nu…
Continue reading the post titled Environmental Tribunal reluctantly approves wind turbines near eagles' nestThe Expanding World of Job-Protected Leaves: What’s Next?
Not too long ago, pregnancy and parental leaves were the only job-protected leaves under Ontario’s employment standards laws.1 Over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”)2 at an ever-increasing pace: Persona…
Continue reading the post titled The Expanding World of Job-Protected Leaves: What’s Next?Philippines calls for "emergency climate pathway"
In an impassioned speech at the 19th Conference of the Parties (COP) of the Kyoto Protocol, the Philippines’ chief negotiator, Yeb Sano, called on the parties to take immediate, drastic action to tackle the climate crisis. IISD VIDEO: Philippines delegate Naderev Saño COP19 Warsaw R…
Continue reading the post titled Philippines calls for "emergency climate pathway"For environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
Continue reading the post titled For environmental liability, who is an "officer"?Regulators of fracking negligent? Alberta case cut down
Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property …
Continue reading the post titled Regulators of fracking negligent? Alberta case cut downAnother environmental conviction for Ministry of Transportation
In an unusual turn of events, Ontario’s Ministry of Transportation has had two Fisheries Act convictions this fall: one for road construction and design, the other for road maintenance.
Continue reading the post titled Another environmental conviction for Ministry of Transportation