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Published on: 7 Feb 2019 By

City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act

On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…

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Published on: 1 Feb 2019 By

Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5

Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated …

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Published on: 28 Jan 2019 By

Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and Trade

The recent attempt of the Ford government to dismiss a court case against them brought by Greenpeace Canada, represented by Ecojustice[1], failed on January 26, 2019. Ecojustice filed a lawsuit against the Government of Ontario for failing to consult the public when it ended Ontario’s cap an…

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Published on: 21 Jan 2019 By ,

Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly

Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out…

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Published on: 18 Dec 2018 By

Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution

The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…

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Published on: 20 Nov 2018 By

Federal Court Scheduled to Hear Application for Judicial Review in David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al.

This week, the Federal Court of Canada is scheduled to hear oral arguments in the case of David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al, T-1071-16 (“Suzuki Foundation”). Suzuki Foundation is an application for judicial review brought by the David Suzuk…

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Published on: 15 Nov 2018 By

Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”…

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Published on: 18 Oct 2018 By

Examining Shared Environmental Interests with the Michigan State Bar Webcast

On November 12th, members of State Bar of Michigan and the Ontario Bar Association come together to discuss environmental law topics relevant to lawyers on both sides of the border. Moderated by Siskinds LLP partner Paula Lombardi, speakers will discuss the impact of the deep geological repo…

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Published on: 30 Aug 2018 By

Federal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153

On August 30, 2018, the Federal Court of Appeal released its decision concerning the judicial review of an Order in Council approving the Kinder Morgan Trans Mountain Pipeline Expansion Project (the “Expansion Project”). The Order in Council, dated November 29, 2016, was based on a report an…

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