Creditor or regulator? Nortel, the MOE and environment v insolvency
If there are continuing operations, there has to be ongoing compliance with environmental legislation. But if there are no ongoing operations, the environmental regulator has to rely on its security, failing which it has unsecured status.Continue reading the post titled Creditor or regulator? Nortel, the MOE and environment v insolvency
Is public consultation a political activity forbidden to charities?
With the launch of Conservative Senator Nicole Eaton’s inquiry into the “Involvement of Foreign Foundations in Canada’s Domestic Affairs”, increased scrutiny is being focused on the activities of Canada’s charitable environmental groups. In particular, is participating in public consultation…Continue reading the post titled Is public consultation a political activity forbidden to charities?
Municipal responsibility for cycling safety
As the number of cyclists increases, what must municipalities do to keep them safe?Continue reading the post titled Municipal responsibility for cycling safety
BP civil claims trial start delayed
Civil claims arising from the explosion and oil spills of BP’s Deepwater Horizon rig were scheduled to start trial today before U.S. District Judge Carl Barbier. More than 500 lawsuits against BP PLC and other defendants were consolidated into one of the largest multidistrict litigatio…Continue reading the post titled BP civil claims trial start delayed
Ten top environmental civil cases in 2011
Dianne spoke to an attentive audience at the Ontario Bar Association’s Annual Institute on the ten top environmental civil cases of 2011 (and the first part of 2012).Continue reading the post titled Ten top environmental civil cases in 2011
Ecojustice victory for endangered species
Why doesn’t the federal government protect endangered species without Ecojustice* taking them to court? In December 2010, Ecojustice won their lawsuit against the federal Minister of Fisheries and Oceans for failing to protect killer whale habitat in B.C. In its plan to protect the w…Continue reading the post titled Ecojustice victory for endangered species
Sydney Tar Ponds class action certified
After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified. However, the plaintiffs’ chances of ultimate success will be significantly reduced if the Smith v. Inco decision stands.Continue reading the post titled Sydney Tar Ponds class action certified
Will the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?Continue reading the post titled Will the SCC grant leave in Smith v Inco?
Class actions for historic contamination
Class actions for historic contamination: Sydney Tar Ponds and Smith v. Inco The class action by neighbours of the notorious tar ponds in Sydney, Nova Scotia, is going ahead, although neighbours of Inco’s Port Colborne plant have lost theirs.Continue reading the post titled Class actions for historic contamination
Roundup on "Roundup"
Dianne is quoted in this week’s Lawyers Weekly about the hard-won “special review” of glyphosate, a weed-control product that contains the pesticide polyoxyethylene tallow amines, and is also known as Roundup. The case is: Wier v. Canada (Minister of Health),  F.C.J. No. 1583. T…Continue reading the post titled Roundup on "Roundup"