Municipal liability for flooding?
As climate change increases the intensity of storms, and as insurers become more reluctant to insure basements that are known to flood, we notice more and more lawsuits against municipalities for basement floods. Municipalities generally benefit from statutory immunities against lawsuits in …Continue reading the post titled Municipal liability for flooding?
The Limits to Growth: looking good at 40?
Forty years ago, The Limits to Growth explored what would happen if we allowed the world’s population and industry to continue to grow rapidly. They compared humanity’s use of energy and materials to the globe’s long-term, sustainable capacity, and concluded that urgent ac…Continue reading the post titled The Limits to Growth: looking good at 40?
Class actions for historic contamination
Class actions for historic contamination: Sydney Tar Ponds and Smith v. Inco The class action by neighbours of the notorious tar ponds in Sydney, Nova Scotia, is going ahead, although neighbours of Inco’s Port Colborne plant have lost theirs.Continue reading the post titled Class actions for historic contamination
Important New Privacy Ruling: What on earth is “intrusion upon seclusion”?
I’ve often said that my job is mostly about people behaving badly at work, so the fact situations underlying the cases I read are often all too human in nature. Consider the case of Winnie, who was fighting with her common-law husband about money. She wasn’t convinced he was actually paying…Continue reading the post titled Important New Privacy Ruling: What on earth is “intrusion upon seclusion”?
Biggest World Risks for the Next Decade
The World Economic Forum’s Risk Response Network has published a fascinating, if sobering, overview of major risks that face the world in the next decade: Global Risks 2012, 7th edition. They predict that economic and societal factors are the most likely to cause major problems, but th…Continue reading the post titled Biggest World Risks for the Next Decade
Keystone rejected, for now
The Obama administration announced today they will reject the permit on the controversial 1,700-mile oil sands pipeline project, Keystone XL, because the US Congress forced an immediate decision before the proposed route revision through Nebraska could be studied. Transcanada will reapply, s…Continue reading the post titled Keystone rejected, for now
Approvals Reform, phase 2
The Ministry of the Environment is moving into the second phase of its long-awaited comprehensive approval reforms. The first part of the new approvals framework became operational on October 31, 2011.Two more parts of this initiative are now open for public consultation. The first isContinue reading the post titled Approvals Reform, phase 2
Roundup on "Roundup"
Dianne is quoted in this week’s Lawyers Weekly about the hard-won “special review” of glyphosate, a weed-control product that contains the pesticide polyoxyethylene tallow amines, and is also known as Roundup. The case is: Wier v. Canada (Minister of Health),  F.C.J. No. 1583. T…Continue reading the post titled Roundup on "Roundup"
In depth analysis of Heyes v BC
We’ve twice mentioned the BC case, refusing to compensate business owners severely impacted during subway construction: Susan Heyes Inc. v. South Coast BC Transportation Authority. See April and March, 2011. The Supreme Court refused leave to appeal on October 20, 2011. The current iss…Continue reading the post titled In depth analysis of Heyes v BC
Congratulations to Environmental Commissioners
I am late in congratulating both the Ontario and the federal Environmental Commissioners for their invaluable annual reports, and will try to look more closely at their findings as time permits. The Ontario Commissioner emphasizes how much the Ontario Ministry of the Environment is doing wit…Continue reading the post titled Congratulations to Environmental Commissioners