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…
Continue reading 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.
Continue reading 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…
Continue reading the post titled Transit, loss, and compensationSLAPPS, wind and libel chill
We really need legislation to stop SLAPPs. According to the Ontario Anti-SLAPP panel report: “Strategic litigation against public participation (SLAPP) has been defined as a lawsuit initiated against one or more individuals or groups that speak out or take a position on an issue of pub…
Continue reading the post titled SLAPPS, wind and libel chillFracking, drinking water and regulation
Jessica Ernst has launched a multi million dollar lawsuit against Encana Corporation, the Alberta Energy Resources Conservation Board, and the Alberta government for contamination of her property and drinking water due to Encana’s fracking program. Encana fractures rock to extract coal…
Continue reading the post titled Fracking, drinking water and regulationBP spill anniversary, lawsuits growing
On the first anniversary of the Deepwater Horizon oil spill, lawsuits against BP continue to spread. Individuals and public and private entities at all levels are adding their claims, before today’s deadline. All 15 members of the Plaintiffs Steering Committee are actively inviting cli…
Continue reading the post titled BP spill anniversary, lawsuits growingEnvironmental Assessment not statutory authority?
An environmental assessment, no matter how “extensive and wide ranging”, does not amount to statutory authority, or provide a defence in nuisance, according to the British Columbia Court of Appeal in Appeal in Heyes v. Vancouver, now Susan Heyes Inc. (Hazel & Co.) v. South C…
Continue reading the post titled Environmental Assessment not statutory authority?Nasal Ranger
I am intrigued by the potential of a newish gadget to improve odour monitoring, including self-monitoring by regulated entities. The Nasal Ranger is a handheld “field olfactometer”, an alternative to conventional odour panels that can be used on the spot. The Ranger is designed for US…
Continue reading the post titled Nasal RangerJudicial Criticism of Experts: so what?
Judges occasionally make harsh criticisms of the witnesses who appear before them. Sometimes those criticisms are justified; other times, everyone is just having a bad day. In these days of instant search, such a criticism could be recycled endlessly in subsequent cases, perhaps permanently …
Continue reading the post titled Judicial Criticism of Experts: so what?Heyes appeal: Subway construction a nuisance?
Is transit construction a nuisance? The British Columbia Court of Appeal has released its decision in Heyes v. Vancouver, now called Susan Heyes Inc. v. South Coast BC Transportation Authority. The court overturned a $600,000 judgment awarded to a local store owner, who was driven out of bus…
Continue reading the post titled Heyes appeal: Subway construction a nuisance?