Can 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 processors
Follow 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 Reports
Contracts 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 Era
Regulators of fracking negligent? Case update
Protecting administrative tribunals and their members from liability for negligence in regulating fracking held to be constitutionally legitimateView the post titled Regulators of fracking negligent? Case update
B.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 Fracking
Buyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…View the post titled Buyer can't rely on Seller's Environmental Reports
Anti-Fluoride in Drinking Water: Litigation Update
Will citizen group litigation and the threat of personal liability stop fluoridation of drinking water in Ontario? In our earlier blog post, we described a threat by an advocacy group called Concerned Residents of Peel to End Water Fluoridation (Concerned Residents) against Peel municipal co…View the post titled Anti-Fluoride in Drinking Water: Litigation Update
No fault contaminated site liability in Nova Scotia
IMP Group International Inc. appealed unsuccessfully from a Nova Scotia Minister of the Environment Order to study and remediate offsite groundwater contamination that it did not cause.View the post titled No fault contaminated site liability in Nova Scotia
Receive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.