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"
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…Continue reading the post titled In depth analysis of Heyes v BC
More 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…Continue reading the post titled More rulings for cyclists against municipalities
Smith 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…Continue reading the post titled Smith v Inco appeal application
Pollution, 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…Continue reading the post titled Pollution, hot spots and environmental justice
Orgaworld 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 …Continue reading the post titled Orgaworld wins organic waste odour appeal
Cycling, 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...Continue reading the post titled Cycling, accidents, and responsibility
Michaud 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…Continue reading the post titled Michaud v Sun Corp