Bill 138: Ending Coal for Cleaner Air Act, 2013
The Ontario government has introduced Bill 138, Ending Coal for Cleaner Air Act, 2013, to confirm their longstanding decision to end the use of coal at Ontario’s electricity generating facilities and to prohibit new stand-alone coal-fired generating facilities. Coal-fired electricity genera…
Continue reading the post titled Bill 138: Ending Coal for Cleaner Air Act, 2013Public access to approvals documents at Environmental Review Tribunal
Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…
Continue reading the post titled Public access to approvals documents at Environmental Review TribunalMore on killing birds with buildings as an environmental offence
Ecojustice has settled its bird-killing prosecution against the Menkes Developments (Consilium Place) office complex. As described in a previous post, Ecojustice (as counsel for Ontario Nature) charged Menkes with environmental offences. They proved that these buildings were unusually danger…
Continue reading the post titled More on killing birds with buildings as an environmental offenceTerminating Employees on Job-Protected Leaves: Can I do it?
I recently blogged about the Expanding World of Job-Protected Leaves. In short, over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”) at an ever-increasing pace. Employers sometimes call me expressing concern about su…
Continue reading the post titled Terminating Employees on Job-Protected Leaves: Can I do it?Freedom of expression before environmental regulators and tribunals?
Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won’t listen to opponents of a project, will they breach the Canadian Charter of Rights and Freedoms? The issue has been raised before the cour…
Continue reading the post titled Freedom of expression before environmental regulators and tribunals?New Health & Safety Training Obligations
On Christmas Eve 2009 an unfortunate workplace accident took the life of four workers and sparked the Ontario government into action. The Province undertook a review of the existing workplace health and safety training programs. The result has been the implementation of new, mandatory H&…
Continue reading the post titled New Health & Safety Training ObligationsInstitute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors‘ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Ne…
Continue reading the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityMOE explains its new Noise Guideline, NPC 300
Last month, the Ministry of the Environment’s new noise guideline came into force: NPC 300 – the new Environmental Noise Guideline: Stationary and Transportation Sources – Approval and Planning. It replaces the three old guidelines, LU-131, NPC-205, and NPC-232. NPC 300 includes …
Continue reading the post titled MOE explains its new Noise Guideline, NPC 300Off-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 land