Landmark lead paint abatement case decided in California
In a landmark lead paint liability case, the Superior Court of California has held three of five paint companies liable for public nuisance. The court ordered them to clean up lead paint in California residences painted before 1978, at a total cost of $1.15 billion. The use of lead in interi…
View the post titled Landmark lead paint abatement case decided in CaliforniaPublic Access to documents through the Environmental Registry
In two cases we blogged about last month (Brimley Progress v. Director, MOE and Environment Hamilton v. Director, MOE), the ERT found that the public should have access to the documents that support Environmental Compliance Approval (ECA) applications, or form part of their the final ECAR…
View the post titled Public Access to documents through the Environmental RegistryDisclose that contamination? Or not?
Owners of contaminated sites are sometimes reluctant to disclose what they know, hoping to get rid of the liability with the property. Anyone who is so tempted will want to follow what happens in 1623242 Ontario Inc. v. Great Lakes Copper Inc., 2013 ONSC 7935 and 2013 ONSC 2548. In this case…
View the post titled Disclose that contamination? Or not?Ruling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
View the post titled Ruling: Wind turbine approvals comply with the CharterNot 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 …
View 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…
View 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…
View 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…
View 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…
View 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…
View the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityReceive Blog Posts
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