Government support, the tar sands, and the CEN
The Canadian Environmental Network, a central body that coordinates over 600 environmental groups, may not be around much longer. Environment Minister Peter Kent recently announced that the Federal Government will no longer be providing the funding that has always made up the bulk of the CEN…Continue reading the post titled Government support, the tar sands, and the CEN
Off shore wind lawsuit
Before the election, the McGuinty government put a moratorium on offshore wind projects, claiming that further research was needed. Now, one of the companies that planned to build an off-shore wind farm in Lake Ontario is suing for compensation.Continue reading the post titled Off shore wind lawsuit
Environmental causes of action
The recent Court of Appeal decision in Smith v Inco is requiring Canadian environmental lawyers to carefully rethink environmental causes of action–who can sue who for what? How can Smith v. Inco be reconciled with St. Lawrence Cement v. Barrette? (Different type of nuisance). Why can non-to…Continue reading the post titled Environmental causes of action
Escheat is very popular
One of the popular ways of dealing with contaminated sites that are “underwater” i.e. where the economic value of the property does not justify remediation, is to abandon it by letting it escheat to the Crown. Escheat happens when a corporation is dissolved, leaving no one to receive its …Continue reading the post titled Escheat is very popular
Another noise lawsuit
A group of Calgary residents have launched another civil lawsuit, trying to force a local chicken processing plant (Lilydale) to slash noise and odour. The statement of claim asks the Alberta Court of Queen’s Bench to order Lilydale to stop night-time trucking at its Hurst Road plant, limit …Continue reading the post titled Another noise lawsuit
What will the new TCE health classification mean?
Now that the US EPA has classified TCE as a carcinogen, and dangerous at levels previously believed to be safe, what will happen to risk assessments and other regulatory decision-making in Ontario? Noted risk assessor, Brett Ibbotson, tells me that the new numbers are two to four times as st…Continue reading the post titled What will the new TCE health classification mean?
Port Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…Continue reading the post titled Port Colborne class action dismissed
Congratulations, condolences and environmental policy
Congratulations to all the winners in yesterday’s provincial election, and condolences to all the losers. Former environment Minister Wilkinson will be missed; he narrowly lost his riding of Perth–Wellington. The new Minister should be announced shortly.Continue reading the post titled Congratulations, condolences and environmental policy
Pollution from distant source a nuisance?
The legal category of nuisance may be easier to use for long distance air pollution after a recent comment by the Ontario Court of Appeal. In Antrim Truck Centre Ltd. v. Ontario (Transportation), 2011 ONCA 419 (CanLII), Justice Epstein ruled that nuisance claims can be successfully made, no …Continue reading the post titled Pollution from distant source a nuisance?
Short term gain, long term pain
The city of Toronto has gone through paroxysms in the last few weeks to cut less than $28 million from the city’s budget. All environmental programs are still under review for possible cuts, including those efforts to help the city adapt to climate change. It’s therefore worth re…Continue reading the post titled Short term gain, long term pain