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Published on: 3 Jan 2014 By

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 …

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Published on: 18 Dec 2013 By

Public 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…

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Published on: 11 Dec 2013 By

Public 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…

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Published on: 10 Dec 2013 By

More 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…

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Published on: 6 Dec 2013 By

Freedom 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…

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Published on: 3 Dec 2013 By

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…

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Published on: 14 Nov 2013 By

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…

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Published on: 13 Nov 2013 By

For 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…

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