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Published on: 12 Mar 2013 By

Timminco motion: A new twist in insolvency v environment

The insolvent metal processing company, Timminco, is attempting a new twist to “cleanse” creditors of environmental claims through insolvency law. They have applied to the Commercial List for permission to sell their valueless contaminated sites, for virtually nothing, to new sub…

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Published on: 11 Mar 2013 By

Antrim: Supreme Court gives compensation for nuisance when highway moved

The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …

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Published on: 5 Mar 2013 By

Final regulations for heavy duty vehicle emissions

On February 25, 2013, the Federal Government followed the US and announced the final efficiency and emission standards for new on-road heavy-duty vehicles and engines. The regulations are intended to improve fuel efficiency and reduce greenhouse gas (GHG) emissions, and to match American req…

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Published on: 18 Feb 2013 By

Annual review of insolvency law: Why Abitibi rule is backwards

Dianne gave a well received presentation on the Abitibi case at the Annual Review of Insolvency Law in Montréal during the big snowstorm. In essence, Dianne believes that the Supreme Court’s decision, that the provincial environmental orders were subject to federal insolvency rules, wa…

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Published on: 14 Feb 2013 By

Ostrander Point, wind and birds: is it different?

There definitely are places where renewable energy projects should not go. The Prince Edward County Field Naturalists wants me, and you, to know why they think Ostrander Point is one of them, and why wind turbines should not be built there, of all places. This is not about the nocebo effect,…

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Published on: 12 Feb 2013 By

Anti-wind litigation: is there an end in sight?

After nearly two years of vigorous anti-wind litigation in Ontario, anti-wind activists have failed to satisfy any court or tribunal that wind energy development in accordance with government standards will cause serious harm. Many wind projects have been approved, and wind-based electrical …

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