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…
View the post titled Heyes appeal: Subway construction a nuisance?Environmental appeals have to be done right
The Environmental Review Tribunal has reminded all potential appellants that they MUST correctly file their appeals, if they want their case to be heard. In Waterdown Gardens v MOE, a prolonged dispute between the Ministry and the company resulted in two separate orders suspending their cert…
View the post titled Environmental appeals have to be done rightUpset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughHanna, wind and Statements of Environmental Values
In Hanna v. MOE, what did the Decisional Court decide about the legal status of the Ministry of the Environment Statement of Environmental Values? Not much, in my opinion.
View the post titled Hanna, wind and Statements of Environmental ValuesIs Flyrock really a pollution discharge?
The Ministry of the Environment has prosecuted and convicted an Ontario company for failing to report a “discharge” when fly rock flew out of a construction site and damaged a house. Castonguay Blasting was following all proper precautions when the blast occurred, and immediately…
View the post titled Is Flyrock really a pollution discharge?Dumping construction waste: $150,000 fine
Willy’s Roll-Off Ltd., 1092066 Ontario Inc., Willis and Susan McKeown and Percy Pyper Ltd. pled guilty in February to impairing water quality, establishing a waste disposal site without approval, and failing to transport waste only to an approved site. They were fined a total of $150,000 plu…
View the post titled Dumping construction waste: $150,000 fineLong ago and far away? Oil company liability
Chevron is not the only US oil company facing blockbuster claims for damages from South American indigenous groups, due to past environmental damage apparently sanctioned by their governments. The US Ninth Circuit Court of Appeals has agreed to allow 25 Peruvian plaintiffs to sue Occidental …
View the post titled Long ago and far away? Oil company liabilityMacQueen/ Sydney tar ponds class action update
MacQueen v Nova Scotia, the Sydney Tar Ponds class action, is still mired in wrangling over the proper definition of the class. Last fall, the plaintiffs were hopeful that certification was just around the corner, and proposed a revised, narrower class definition for the court’s approv…
View the post titled MacQueen/ Sydney tar ponds class action updateEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
View the post titled Environmental moot courtERT to consider environmental penalties?
The Ontario Environmental Review Tribunal has not yet decided any appeals of environmental penalty ordersUnder the Environmental Protection Act, the Ontario Water Resources Act, or any other Ontario environmental statute. Two previous environmental penalties were appealed to the Tribunal, bu…
View the post titled ERT to consider environmental penalties?Receive Blog Posts
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