Divisional Court rejects anti-wind constitutional claim
Special Environmental Protection Act rules for approval of renewable energy projects, including wind farms, do not contravene the Canadian Charter of Rights and Freedoms
View the post titled Divisional Court rejects anti-wind constitutional claimFinding and Serving those Anonymous Bloggers
In a previous article published on this website, the strict limitation periods associated with a defamation action were discussed; particularly, the six week period for a Notice of Libel and the three month period for the commencement of an action in defamation, as is required under sections…
View the post titled Finding and Serving those Anonymous BloggersThe New Reality – Summary Judgment Motions
Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin,[1] which was decided b…
View the post titled The New Reality – Summary Judgment MotionsCan purchaser of contaminated site sue neighbour?
The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-exist…
View the post titled Can purchaser of contaminated site sue neighbour?Largest Canadian environmental penalty: $7.5 MM
Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the l…
View the post titled Largest Canadian environmental penalty: $7.5 MM$320,000 fine for former waste processors
A big fine has been imposed on a former waste processor and the two individuals who ran the company for environmental offences, according to the Ontario Ministry of the Environment and Climate Change. According to the MOECC, 2R Services Inc. and its Directors were fined for failing to comply…
View the post titled $320,000 fine for former waste processorsFollow Up on Seller's Environmental Assessment Reports
Last month we blogged about a case out of Newfoundland in which a buyer’s negligence lawsuit against a seller’s environmental consultant was tossed out because the buyer had no right to rely on the environmental assessment report issued by the consultant for the seller. That arti…
View the post titled Follow Up on Seller's Environmental Assessment ReportsContracts and the doctrine of good faith – A New Era
In Bhasin v Hrynew, the Supreme Court of Canada made a significant ruling regarding the duty of good faith in contract relationships. This will provide guidance to an area of Canadian law described as “piecemeal, unsettled and unclear.”. In this article, Cole Vegso provides a brief explanati…
View the post titled Contracts and the doctrine of good faith – A New EraRegulators of fracking negligent? Case update
Protecting administrative tribunals and their members from liability for negligence in regulating fracking held to be constitutionally legitimate
View the post titled Regulators of fracking negligent? Case updateB.C. Court: No Abuse of Water Approvals for Fracking
Because fracking consumes a huge amount of water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged how the B.C. government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, freque…
View the post titled B.C. Court: No Abuse of Water Approvals for FrackingReceive Blog Posts
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