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
2012 begins with much-needed clarity from the Ontario Human Rights Tribunal
It’s a Happy New Year indeed for labour/employment lawyers and their clients, who now have clear direction from the Ontario Human Rights Tribunal on the thorny issue of when duplicative litigation will be permitted (or not!) before the Tribunal. Previously, the Tribunal had issued conflictin…Continue reading the post titled 2012 begins with much-needed clarity from the Ontario Human Rights Tribunal
Offshore wind moratorium claim
For those interested, here is a copy of Trillium Power vs. The Queen (Ontario), Trillium’s Statement of Claim against the province of Ontario over Ontario’s on-again, off-again policy of encouraging offshore wind development, which is currently under a moratorium again. The alleg…Continue reading the post titled Offshore wind moratorium claim
Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.Continue reading the post titled Expropriating contaminated land
Downspout disconnection- why bother?
A dinner guest recently grumbled about municipal requirements that he disconnect his downspouts. Why are they making us do such a stupid thing, he complained. What’s the point? Do we really have to do it?Continue reading the post titled Downspout disconnection- why bother?
Polar bears at risk: petition against Canada
A U.S. biodiversity group has petitioned the Commission for Environmental Cooperation, alleging that Canada has failed to enforce its species at risk law by failing to list and protect polar bears as endangered species. Such petitions can lead to a full scale investigation, and possibly an e…Continue reading the post titled Polar bears at risk: petition against Canada