Appeal Court Rejects Pollution Exclusion in Oil Overflow
In O’Byrne et al. v. Farmers’ Mutual Insurance Company (Lindsay), 2014 ONCA 543, the Ontario Court of Appeal has forced an insurer to pay for a fuel oil cleanup after a spill, despite a pollution exclusion clause. The case involved an “all risks” insurance policy. A tenant inserted a piece o…Continue reading the post titled Appeal Court Rejects Pollution Exclusion in Oil Overflow
Quebec Court Recognizes Precautionary Principle for Belugas
Quebec Superior Court Justice Claudine Roy granted a temporary injunction on September 23, 2014, stopping Energy East Pipeline Ltd. and TransCanada Pipelines Ltd. from conducting exploratory work in the St. Lawrence River near Cacouna, QC until October 15, after a critical period for beluga …Continue reading the post titled Quebec Court Recognizes Precautionary Principle for Belugas
Can municipal bylaw stop Hydro One Transformer Station?
Can the Municipality of Clarington, Ontario, by bylaw, force Hydro One to submit a groundwater study in order to build a $296 million transformer station, that has been directed to be built by the Ontario Power Authority, and approved by the Ministry of the Environment?Continue reading the post titled Can municipal bylaw stop Hydro One Transformer Station?
Ontario Anti-SLAPP law soon after all?
Yesterday, we noted that Environment Minister Glen Murray’s mandate letter includes no reference to a new anti-SLAPP (Strategic Lawsuit against Public Participation) law: https://www.siskinds.com/environment-minister-murrays-mandate-letter/, even though SLAPPs are often directed again…Continue reading the post titled Ontario Anti-SLAPP law soon after all?
Herbicide Spray Drift a “Normal” Farm Practice?
Organic farmers in Nova Scotia filed a lawsuit against a neighbouring farm for damages allegedly caused by a herbicide which drifted onto their property. In particular, the plaintiffs claimed that the herbicide caused damage to their crops, the miscarriage of four horses, and personal injury…Continue reading the post titled Herbicide Spray Drift a “Normal” Farm Practice?
Can the threat of personal liability stop fluoridation?
Opponents of fluoridation have started to threaten councillors with personal liability for fluoridated water, in the hope of changing municipal policy on water treatment. The province created this problem, and they should fix it.Continue reading the post titled Can the threat of personal liability stop fluoridation?
Should Energy Board consider climate before approving pipelines?
Can, and should, the National Energy Board consider climate impacts before approving oil pipelines? The federal government says no, objectors say yes. Now the courts must decide.Continue reading the post titled Should Energy Board consider climate before approving pipelines?
Should Children Have a Right to a Healthy Environment?
On June 17, 2014, several environmental groups in New Brunswick circulated for comment a draft environmental bill of rights for children. Called “A Bill of Rights to Protect Children’s Health from Environmental Hazards,” it is the first of its kind in Canada. If passed, the law would confer …Continue reading the post titled Should Children Have a Right to a Healthy Environment?
Millions for offsite gasoline contamination
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site gr…Continue reading the post titled Millions for offsite gasoline contamination
As minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…Continue reading the post titled As minimum fines get higher, is there a work-around?