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Published on: 22 May 2013 By

Cree in court battle over environmental assessment and waterpower

The Divisional Court is grappling with a complex battle between two possibly overlapping First Nations over whether a Northern Ontario hydropower project is being lawfully evaluated under the Environmental Assessment Act and an agreement with three First Nations: Cree Nation (MoCreebec Counc…

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Published on: 16 May 2013 By

Northstar former directors case continuing before Tribunal

The Ministry of the Environment’s attempt to impose unlimited personal liability on the directors of a parent company, apparently because they were directors when historic contamination was discovered and/or being cleaned up on and near the land of a subsidiary, continues in front of t…

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Published on: 16 May 2013 By

Looking Forward: What’s on the horizon?

It’s not always enough to understand and apply the law as it stands today.  Employers also need to look to the future in order to make good decisions in the present. This is because today’s decision may be scrutinized by a court or tribunal at some point in the future and any transitions in …

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Published on: 14 May 2013 By

Will Environmental Tribunal enforce public trust in water?

Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources. Nestle Canada Inc. (“Nestle”) runs Ontario’s largest water bottling operation. They pump groundwater from two different sets of wells …

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Published on: 13 May 2013 By

Innocent owner Kawartha Lakes loses at Court of Appeal

The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto mun…

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Published on: 9 May 2013 By

Gender Expression and Gender Identity: New Protected Grounds of Discrimination

In June 2000, the Ontario Human Rights Commission (“OHRC”) released its Policy on Discrimination and Harassment because of Gender Identity, taking the position that the ground of sex could be used to protect transgender people from discrimination and harassment. The OHRC also called for an a…

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Published on: 8 May 2013 By

Some Alberta oil sands monitoring data now public

Access to some federal and provincial environmental monitoring data on air, water, land and biodiversity in the oil sands is now available through an online data portal. The portal is a result of the Joint Canada–Alberta Implementation Plan for Oil Sands Monitoring announced in February 2012.

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