Parking lot dust an unreasonable nuisance
Dust generated by trucks driving on an unpaved parking lot can be a nuisance to industrial neighbours, according to the Ontario Court of Appeal. In TMS Lighting Ltd. v. KJS Transport Inc., 2014 CarswellOnt 2, the court ruled that the dust unreasonably interfered with a neighbouring business’…
View the post titled Parking lot dust an unreasonable nuisanceAnother anti-wind power appeal dismissed
Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that…
View the post titled Another anti-wind power appeal dismissedFirst 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…
View the post titled First affidavits, Blue Box funding arbitrationSecond shoe falls: flyrock discharge after Castonguay
If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?
View the post titled Second shoe falls: flyrock discharge after CastonguayClean Air court win for US Environmental Protection Agency
The US Environmental Protection Agency has won an important court victory that may help clean the air in Ontario. About half of the air pollution in southern Ontario blows in from the US, mostly from coal-fired power generation stations. The EPA has been trying, for many years, to force thos…
View the post titled Clean Air court win for US Environmental Protection AgencyWaste Diversion Ontario and Stewardship Ontario to arbitrate
Waste diversion in Ontario is spawning an unusual amount of litigation this year. Waste Diversion Ontario (WDO), the delegated administrative authority which oversees several waste diversion programs under the Waste Diversion Act, is sending its breach of contract dispute with Stewardship On…
View the post titled Waste Diversion Ontario and Stewardship Ontario to arbitrateSupreme Court of Canada gives Chevron permission to appeal Ecuador pollution decision
The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud. Our …
View the post titled Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decisionCourt of Appeal stays Ostrander wind approval pending appeal to protect turtles
The Ontario Court of Appeal has stayed the Ostrander Point wind approval pending an appeal by the Prince Edward County Field Naturalists.
View the post titled Court of Appeal stays Ostrander wind approval pending appeal to protect turtlesBlue Box funding arbitration pleadings
As promised yesterday, here are the Ontario Blue Box funding arbitration pleadings, that is, the position and opening explanation of each side. The arbitration will decide how much stewards (brand owners) must pay to municipalities for the cost of running Blue Box programs in 2014, under th…
View the post titled Blue Box funding arbitration pleadingsThe risks of gambling with contaminated sites
A new case from the Ontario Superior Court provides another example of the risks associated with purchasing contaminated sites. In a failed real estate transaction, the potential purchasers were left with substantial costs but did not own the properties they had intended to buy. In 1828445 O…
View the post titled The risks of gambling with contaminated sitesReceive Blog Posts
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