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Published on: 11 Aug 2014 By

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…

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Published on: 30 Jul 2014 By

Environmental 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…

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Published on: 8 Jul 2014 By

When 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…

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Published on: 27 May 2014 By

First affidavits, Blue Box funding arbitration

For those interested in the Blue Box funding arbitration, which will decide how much stewards (brand owners) must pay of the annual net $228 million cost under the Waste Diversion Act, here are the affidavits of the witnesses who have already completed their testimony on behalf of the munici…

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