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.
View 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 …
View 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…
View the post titled Millions for offsite gasoline contaminationAs 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…
View the post titled As minimum fines get higher, is there a work-around?Ottawa wins Green Bin arbitration – appeal pending
Following years of conflict, and a long arbitration process, a commercial arbitrator has ruled that Orgaworld Canada must accept leaf and yard waste in the City of Ottawa’s green bin program and dismissed Orgaworld’s claim against the City. The decision is a win for Ottawa taxpay…
View the post titled Ottawa wins Green Bin arbitration – appeal pendingMore anti-wind power appeals dismissed
Ontario’s Environmental Review Tribunal (ERT) recently dismissed two more anti-wind power appeals, this time relating to the same project. One of the appeals had a new feature: whether wind turbines interfere with weather forecasting radar. July 9, 2014, Fata v. MOE, ERT Registry Nos.: 13-14…
View the post titled More anti-wind power appeals dismissedEnvironmental consultant’s negligence claim to proceed
Environmental consultant’s negligence claims for failing to clean up contaminated sites continue to multiply. The Ontario Superior Court recently allowed a professional negligence lawsuit to go ahead against an Ontario environmental consultant, XCG, despite a long delay, which, accord…
View the post titled Environmental consultant’s negligence claim to proceedWhen it comes to anti-wind power appeals, all turtles are not created equal
The Environmental Review Tribunal has dismissed another anti-wind power appeal, holding that evidence to substantiate claims of “serious and irreversible harm to animal life” must be site-specific, species-specific, and quantifiable. The Tribunal released its decision in Bain v. Director, Mi…
View the post titled When it comes to anti-wind power appeals, all turtles are not created equalExperts permitted to testify via telephone… sometimes
The Environmental Review Tribunal has granted a request to have expert witnesses testify via telephone conference call when the appellants argued that it would be too costly to have them attend in person, and that videoconferencing was also costly, as well as prone to technological failure. …
View the post titled Experts permitted to testify via telephone… sometimesCurrent environmental liability issues for municipalities
On June 17, Dianne Saxe and Graham Rempe of the City Toronto’s Legal Services spoke on the issue of current environmental liabilities for municipalities. Graham gracious agreed to allow us to post the paper we prepared here. As the introduction explains: Few topics evoke more concern a…
View the post titled Current environmental liability issues for municipalitiesReceive 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.