Ecojustice victory for endangered species
Why doesn’t the federal government protect endangered species without Ecojustice* taking them to court? In December 2010, Ecojustice won their lawsuit against the federal Minister of Fisheries and Oceans for failing to protect killer whale habitat in B.C. In its plan to protect the w…Continue reading the post titled Ecojustice victory for endangered species
Jail for victim of vandalism?
1197338 Ontario Inc. was fined $150,000 plus the 25% Victim Fine Surcharge for failing to comply with a Director’s Order to clean up a spill of PCBs; its president, Lawrence Brander was sentenced to 30 days in jail for the same offence. But why did the spill occur?Continue reading the post titled Jail for victim of vandalism?
Climate change and gardens
As passionate gardeners, we keep wondering how the changing climate is affecting our gardens. (We last wrote about climate change in this space during the heat of summer in 2010.) We therefore noticed when the U.S. Department of Agriculture (USDA) updated its plant hardiness zone map on Janu…Continue reading the post titled Climate change and gardens
Sydney Tar Ponds class action certified
After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified. However, the plaintiffs’ chances of ultimate success will be significantly reduced if the Smith v. Inco decision stands.Continue reading the post titled Sydney Tar Ponds class action certified
Independent Contractor: To Be or Not to Be – That is the Question
As an employment lawyer, I am often approached by clients on the issue of “independent contractors versus employees”. Corporate clients look to use independent contractors, rather than employees, to perform work more cheaply and with more flexibility – without costs such as CPP, EI, EHT, WSI…Continue reading the post titled Independent Contractor: To Be or Not to Be – That is the Question
Will the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?Continue reading the post titled Will the SCC grant leave in Smith v Inco?
Compost v soil: which is “clean”?
The oddest things breach MOE soil cleanup standards. Compost, for example.Continue reading the post titled Compost v soil: which is “clean”?
Offshore wind moving ahead… in the US
Off shore wind turbines in designated Wind Energy Areas have cleared a major environmental review, according to the US Department of the Interior and the Bureau of Ocean Energy Management (BOEM).Continue reading the post titled Offshore wind moving ahead… in the US
YOU’RE FIRED…I’M QUITTING! WHAT HAPPENS NEXT?
We’re all familiar with the classic scenario when the response to a termination by an employer prompts the response, “You can’t fire me. I quit!”. But after the dust settles from the initial blow-up, what happens next? A recent case from the British Columbia Court of Appeal is instructive. I…Continue reading the post titled YOU’RE FIRED…I’M QUITTING! WHAT HAPPENS NEXT?
Alternative fuels breach zoning?
In St. Mary’s Cement v. Clarington (Municipality), 2011 ONSC 4631, an industrially zoned, operating cement company proposed to supplement its fuel with alternative fuel derived from recycled materials. Alternative fuels are used as fuel extensively in US and UK cement kilns, but they are not…Continue reading the post titled Alternative fuels breach zoning?