Kawartha Lakes appeal heard by Court of Appeal
The City of Kawartha Lakes has appealed to the Ontario Court of Appeal from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause. The City argues that the MOE should have imposed those cleanup costs on the polluters, meaning eith…
View the post titled Kawartha Lakes appeal heard by Court of AppealWho has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.
View the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionWhy 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…
View the post titled Why the Supreme Court decision in AbitibiBowater won’t workNo stay for Order to former officers and directors
The Environmental Review Tribunal has refused to stay a multimillion dollar order to the former officers and directors of a bankrupt company and its parent, pending appeal, whether or not the Ministry of the Environment had jurisdiction to issue the Order.
View the post titled No stay for Order to former officers and directorsRenovation 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.
View the post titled Renovation costs for chemical sensitivities now tax deductible?Big fine for odour despite earnest efforts by compost company
Universal Resource Recovery Inc. was fined $80,000 for discharging odours from its Welland composting facility.
View the post titled Big fine for odour despite earnest efforts by compost companyTimminco 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…
View the post titled Timminco motion: A new twist in insolvency v environmentAntrim: 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, …
View the post titled Antrim: Supreme Court gives compensation for nuisance when highway movedBuyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.
View the post titled Buyer can’t expect compensation for pre-existing contaminationAnti-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 …
View the post titled Anti-wind litigation: is there an end in sight?Receive Blog Posts
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