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Published on: 25 Apr 2013 By

Why the Supreme Court decision in AbitibiBowater won't work

We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In…

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Published on: 28 Mar 2013 By

Renovation costs for chemical sensitivities now tax deductible?

Congratulations to Ecojustice for its win in negotiating a settlement with Revenue Canada for a victim of Multiple Chemical Sensitivities. People with this condition are adversely affected by chemicals in the environment (especially indoor air) that most people don’t notice.

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Published on: 12 Mar 2013 By

Timminco motion: A new twist in insolvency v environment

The insolvent metal processing company, Timminco, is attempting a new twist to “cleanse” creditors of environmental claims through insolvency law. They have applied to the Commercial List for permission to sell their valueless contaminated sites, for virtually nothing, to new sub…

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Published on: 11 Mar 2013 By

Antrim: Supreme Court gives compensation for nuisance when highway moved

The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …

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Published on: 12 Feb 2013 By

Anti-wind litigation: is there an end in sight?

After nearly two years of vigorous anti-wind litigation in Ontario, anti-wind activists have failed to satisfy any court or tribunal that wind energy development in accordance with government standards will cause serious harm. Many wind projects have been approved, and wind-based electrical …

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