Grassy Narrows victory and renewable energy
The Grassy Narrows First Nation has won an important legal victory, affecting Ontario lands north of the English River, the “Keewatin Lands”. After 11 years of litigation, they have succeeded in obtaining a ruling that the Ministry of Natural Resources (MNR) had no right to issue fores…Continue reading the post titled Grassy Narrows victory and renewable energy
What was she thinking?
In R. v. Matchim, a recent case before the Ontario Court of Justice (March 18 2011), firefighters extinguished a blaze in the basement of a home on Vincent Street, in Newmarket. An explosion then occurred in the main sanitary sewer line on the street.Continue reading the post titled What was she thinking?
MacQueen v. Canada class action
The Nova Scotia Supreme Court has certified a massive class action by Sydney residents against the governments of Canada and Nova Scotia, relating to contamination from the notorious Sydney tar ponds, and the associated steel mill and coke ovens from the old Sydney Steel.Continue reading the post titled MacQueen v. Canada class action
$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…Continue reading the post titled $80,000 water discharge fine
Class 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..."Continue reading the post titled Class action certified for highway noise
Do 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…Continue reading 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.Continue reading 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…Continue reading the post titled Cumulative effects in approvals
Wind 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…Continue reading the post titled Wind developers can run transmission lines on roads
Can 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?Continue reading the post titled Can a permit be refused after EA approval?