Not many sad court decisions are this entertaining
“As a liar, Singh demonstrated the skill of a five-year-old.” A recent Ontario court decision vividly describes how bad it can be for a trusting family to become entangled with a crook. And for a trial judge who must listen for years, with endless patience, to that crook. It is …
Continue reading the post titled Not many sad court decisions are this entertainingPublic access to approvals documents at Environmental Tribunal – Part 2
As mentioned in our previous post, there is a limited right of public access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, during an application for leave to appeal that ECA to the Environmental Review Tr…
Continue reading the post titled Public access to approvals documents at Environmental Tribunal – Part 2Public access to approvals documents at Environmental Review Tribunal
Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…
Continue reading the post titled Public access to approvals documents at Environmental Review TribunalMore on killing birds with buildings as an environmental offence
Ecojustice has settled its bird-killing prosecution against the Menkes Developments (Consilium Place) office complex. As described in a previous post, Ecojustice (as counsel for Ontario Nature) charged Menkes with environmental offences. They proved that these buildings were unusually danger…
Continue reading the post titled More on killing birds with buildings as an environmental offenceFreedom of expression before environmental regulators and tribunals?
Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won’t listen to opponents of a project, will they breach the Canadian Charter of Rights and Freedoms? The issue has been raised before the cour…
Continue reading the post titled Freedom of expression before environmental regulators and tribunals?Institute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors‘ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Ne…
Continue reading the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityBuyer can’t void purchase of contaminated land
Crosslink Bridge Corp. (Crosslink) purchased contaminated land from CN Railway (CN) in 2008 to develop a tourism, entertainment, retail and sports venue in the Niagara region. Crosslink received a box of environmental reports, including the Certificate of Requirement (also registered on titl…
Continue reading the post titled Buyer can’t void purchase of contaminated landIs parent company liable for crimes of foreign subsidiary?
The Ontario Superior Court has dismissed Hudbay Minerals’ motion to strike out the claims against it, and its subsidiary, for rapes and other human rights abuses allegedly committed in Guatemala. The Court concluded that the plaintiffs’ claim, that the Canadian parent company is …
Continue reading the post titled Is parent company liable for crimes of foreign subsidiary?Environmental Tribunal reluctantly approves wind turbines near eagles' nest
The Environmental Review Tribunal has issued another decision approving a 45 turbine wind farm, but strongly recommended that the proponent defer or relocate the two turbines within 800 metres of a bald eagles’ nest. Lewis v. MOE, 13-044 is an appeal from a Renewable Energy Approval Nu…
Continue reading the post titled Environmental Tribunal reluctantly approves wind turbines near eagles' nestFor environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
Continue reading the post titled For environmental liability, who is an "officer"?