$80,000 water discharge fine
Torbear Contracting Inc., Woodbridge, had a contract to complete upgrades at a sewage treatment plant. The project required that the outdoor containment area surrounding the chemical storage tanks of sodium hypochlorite be expanded and a drain be installed to allow for easy removal of rainw…
View the post titled $80,000 water discharge fineClass action certified for highway noise
"Collective action.. creates a just balance between the people who suffer the consequences of a violation and the offender, who often has much greater resources..."
View the post titled Class action certified for highway noiseDo Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…
View the post titled Do Pollution Exclusion clauses work?How much notice is enough?
A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough.
View the post titled How much notice is enough?Cumulative effects in approvals
Cumulative effects are extremely hard to manage in any approval process. By definition, the person or project seeking an individual approval does not usually control the other sources of cumulative impact. Nor is the necessary information about the other actual or potential impacts usually b…
View the post titled Cumulative effects in approvalsWind developers can run transmission lines on roads
On Monday, the Township of Grey Highlands unanimously voted to abandon its planned Divisional Court challenge. The Township had originally voted to seek judicial review of an Ontario Energy Board decision, allowing wind power developer International Power Corporation to run transmission lin…
View the post titled Wind developers can run transmission lines on roadsCan a permit be refused after EA approval?
One frequently troublesome area of environmental law is the intersection between different types of approvals. Once an overarching, project wide approval, such as an environmental assessment, has been granted, may an individual approval be refused?
View the post titled Can a permit be refused after EA approval?Hanna leave to appeal denied
On Monday, the Ontario Court of Appeal denied Ian Hanna’s request for leave to appeal the decision of the Divisional Court, which unanimously rejected his attempt to prevent Ontario from issuing renewable energy approvals for large wind turbines. Judges Goudge, MacFarland and Watt ord…
View the post titled Hanna leave to appeal deniedNuisance, GHG and climate change
Today, the US Supreme Court reversed the groundbreaking decision, Connecticut v. American Power, which had allowed states, New York City and private land trusts to sue major greenhouse gas producers in nuisance, whether or not their emissions breached federal statute law.
View the post titled Nuisance, GHG and climate changeTransit, loss, and compensation
Our column in today’s award-winning SLAW revisits the Heyes case. “Public works often impose heavy losses on those in private property nearby. Under what circumstances should they be compensated? That should have been the question in Heyes v. Vancouver, now Susan Heyes Inc. (Haz…
View the post titled Transit, loss, and compensationReceive Blog Posts
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