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Published on: 5 Mar 2018 By

Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where Are We Now?

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time. There was speculation at the time of the decision’s rel…

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Published on: 30 Aug 2017 By

Obstruction Charge Results in 45 Days in Jail

On August 14, 2017, an individual operating an automotive and scrap metal business at a property situated along Haldimand Highway in Canfield was sentenced to 45 days in jail for obstructing Ministry of the Environment and Climate Change Provincial Officers (“Ministry Officers”) in the perfo…

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Published on: 17 Aug 2017 By

Going to Court in Ontario: Selecting the Proper Jurisdiction to Commence Your Claim

Summary This article provides a comparative review of the two venues to commence your legal action in Ontario. Overview If you have suffered a wrong (i.e. breach of contract) you may commence a legal proceeding in an Ontario court. You may do so in Small Claims Court (“SCC”) or in the Superi…

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Published on: 28 Jul 2017 By

NAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation

Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement (“NAFTA”) in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed. Chapter 11 protects …

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Published on: 14 Jul 2017 By

$2.5 million in fines issued in relation to large diesel spill

In the latest of a string of federal environmental prosecutions leading to significant fines against corporate offenders, Canadian National Railway Company (“CN”) has been fined $2.5 million after pleading guilty to committing a number of infractions under the Fisheries Act and under the Can…

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Published on: 12 Apr 2017 By

Des Moines Water Works sues County for Agricultural Runoff

The Storm Lake Times, a small family-run Iowa newspaper, won a 2017 Pulitzer Price award for its coverage of issues associated with farm pollution from local agricultural companies and the failure of the County to control the agricultural runoff in the area. The Storm Lake Times covered how …

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Published on: 20 Mar 2017 By

$120,000 Fine for Ontario Water Resources Act Violations

Aecon Construction and Materials Limited (“Aecon”) is in the business of constructing complex highway infrastructure, airfields projects, residential and commercial developments, landfills,  and bridges in addition to other large infrastructure projects. On February 8, 2017 Aecon pled guilty…

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