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Published on: 27 Aug 2012 By

New Canadian environmental assessment: a rose by any other name?

Officially, the Canadian Environmental Assessment Act, 2012, has abolished most federal environmental assessment screenings,  but the practical  effect is less than it appears. Parks Canada, for example, has simply replaced the old Canadian Environmental Assessment Act process with its new, …

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Published on: 21 Aug 2012 By

Liability insurer need not pay for voluntary delineation and cleanup

According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment …

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Published on: 20 Aug 2012 By

Certificate of analysis ok as evidence despite minor error and delay?

A court accepted a Maxxam certificate of analysis into evidence in an environmental prosecution, despite a minor error in an internal chain of custody, and a two month delay in issuing the certificate. The decision is useful for anyone who takes samples, analyses them or uses the result in court.

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Published on: 20 Aug 2012 By

Does your home renovation make you a “constructor”? Believe me, you need to know!

How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …

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Published on: 16 Aug 2012 By

Science, proof and causation: when courts and scientists disagree

Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…

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