More 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.
Continue reading 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…
Continue reading the post titled Big odour fineOff shore wind lawsuit
Before the election, the McGuinty government put a moratorium on offshore wind projects, claiming that further research was needed. Now, one of the companies that planned to build an off-shore wind farm in Lake Ontario is suing for compensation.
Continue reading the post titled Off shore wind lawsuitEnvironmental causes of action
The recent Court of Appeal decision in Smith v Inco is requiring Canadian environmental lawyers to carefully rethink environmental causes of action–who can sue who for what? How can Smith v. Inco be reconciled with St. Lawrence Cement v. Barrette? (Different type of nuisance). Why can non-to…
Continue reading the post titled Environmental causes of actionAnother noise lawsuit
A group of Calgary residents have launched another civil lawsuit, trying to force a local chicken processing plant (Lilydale) to slash noise and odour. The statement of claim asks the Alberta Court of Queen’s Bench to order Lilydale to stop night-time trucking at its Hurst Road plant, limit …
Continue reading the post titled Another noise lawsuitPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
Continue reading the post titled Port Colborne class action dismissedPollution from distant source a nuisance?
The legal category of nuisance may be easier to use for long distance air pollution after a recent comment by the Ontario Court of Appeal. In Antrim Truck Centre Ltd. v. Ontario (Transportation), 2011 ONCA 419 (CanLII), Justice Epstein ruled that nuisance claims can be successfully made, no …
Continue reading the post titled Pollution from distant source a nuisance?Unsuccessful SLAPPs
Two British Columbia cases show again why we need laws to prevent Strategic Lawsuits against Public Participation (SLAPPs).
Continue reading the post titled Unsuccessful SLAPPsPolluter must pay for cleanup, twice
It’s not safe for a polluter to trust a subsequent owner to clean up contamination, even if the polluter has specifically paid for the cleanup, and even if the new owner signs a contract relieving the original polluter of liability. None of this will prevent environmental regulators from ord…
Continue reading the post titled Polluter must pay for cleanup, twiceLawsuit for noise and odour
Noise and odour are frequent sources of neighbourhood disputes. Sometimes those disputes can be resolved by turning to regulators, such as the Ministry of the Environment or municipal bylaw enforcement officers. Often, however, that isn’t enough. Some then turn to the courts.
Continue reading the post titled Lawsuit for noise and odour