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), [2011] F.C.J. No. 1583. T…
View the post titled Roundup on "Roundup"In depth analysis of Heyes v BC
We’ve twice mentioned the BC case, refusing to compensate business owners severely impacted during subway construction: Susan Heyes Inc. v. South Coast BC Transportation Authority. See April and March, 2011. The Supreme Court refused leave to appeal on October 20, 2011. The current iss…
View the post titled In depth analysis of Heyes v BCMore rulings for cyclists against municipalities
Two Quebec cases have held municipalities liable, where cyclists were injured when they lost control of their bicycles after riding over unexpected defects in the road. In Wilson Davies c. Montreal (Ville de), the cyclist was severely injured when she was thrown from her bicycle and became a…
View the post titled More rulings for cyclists against municipalitiesSmith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationPollution, hot spots and environmental justice
Is it acceptable for legal pollution levels to be higher in some neighbourhoods than in others? In the US, pollution is often concentrated in areas of colour, including the famous Cancer Alley. Changing this is called “environmental justice”, and is an important priority for US EPA Administ…
View the post titled Pollution, hot spots and environmental justiceOrgaworld wins organic waste odour appeal
Orgaworld Canada, a composting company, has won a hard-fought appeal for permission to compost disputed wastes at its Ottawa facility, despite MOE fears about potential odours. The disputed wastes include pet faeces, urine, and organic waste in plastic bags. In rejecting the Ministry of the …
View the post titled Orgaworld wins organic waste odour appealCycling, accidents, and responsibility
A great deal of responsibility is placed on cyclists to watch out for their own safety. Under the Highway Traffic Act, a bicycle is a vehicle and has the same rights and responsibilities as other road users and the driver of a bicycle must be as conscientious as the driver of a car. The Courts...
View the post titled Cycling, accidents, and responsibilityMichaud v Sun Corp
Michaud v. Sun Corp. is a civil action that has been commenced in the Ontario Superior Court by a neighbour of the Kent Breeze Wind Farm. Unlike the Hanna and Erickson cases, which unsuccessfully attempted to prevent the permitting of wind projects, the Michaud case seeks damages and an inju…
View the post titled Michaud v Sun CorpMore thinking about Smith v Inco
We continue to mull over Smith v. Inco, and the major implications that has for virtually all cases involving Rylands v. Fletcher, and for a significant number of nuisance cases. Watch our video on the case, made in cooperation with Nimonik. Then please let us know what you think.
View the post titled More thinking about Smith v IncoBig odour fine
Halton Recycling Ltd. is an organic waste recycler that was the subject of a large number of odour complaints. It was charged with two counts of discharging odour into the environment which adversely affected its neighbours. The company was also charged with failing to have all recyclables b…
View the post titled Big odour fineReceive Blog Posts
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