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, …Continue reading the post titled Antrim: Supreme Court gives compensation for nuisance when highway moved
Buyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.Continue reading the post titled Buyer can’t expect compensation for pre-existing contamination
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…Continue reading the post titled Final regulations for heavy duty vehicle emissions
Wynne v Obama: sustainable Ontario?
In sharp contrast to Obama’s State of the Union Address, the first Speech from the Throne under Premier Wynne gives little emphasis to environmental issues, including climate change. As we feared from the composition of the transition team, the Ontario Throne speech was modest in its energy …Continue reading the post titled Wynne v Obama: sustainable Ontario?
Annual review of insolvency law: Why Abitibi rule is backwards
Dianne Saxe 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 rule…Continue reading the post titled Annual review of insolvency law: Why Abitibi rule is backwards
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,…Continue reading the post titled Ostrander Point, wind and birds: is it different?
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 …Continue reading the post titled Anti-wind litigation: is there an end in sight?
National Energy Board and safety rules for construction near pipelines
The National Energy Board (NEB) is proposing changes to three regulations1 governing construction and excavation activities around NEB-regulated pipelines, two of which have not been updated since they came into effect in 1988. For context, according to Alberta’s Energy and Resources Conserv…Continue reading the post titled National Energy Board and safety rules for construction near pipelines
Quebec is still the place to be for environmental class actions
There continue to be more environmental class actions in Quebec than anywhere else in the country. Environmental Disasters Two new class actions were certified in Quebec last year arising from disastrous accidents: In Lessard c. Arcand, 2012 QCCS 275, a claim was certified for flooding damag…Continue reading the post titled Quebec is still the place to be for environmental class actions
Off shore wind law suit not dead yet
Trillium Wind Power Corporation’s lawsuit against the province may not be over yet. Trillium was one of the companies planning to build an off-shore wind farm in Lake Ontario. They invested heavily, totalling $5.3 million, based on the Green Energy Act, the Feed in Tariff, and direct e…Continue reading the post titled Off shore wind law suit not dead yet