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…Continue reading the post titled Environmental appeals have to be done right
Upset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.Continue reading the post titled Upset, concern and worry aren't enough
Hanna, 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.Continue reading the post titled Hanna, wind and Statements of Environmental Values
Is 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…Continue reading 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…Continue reading the post titled Dumping construction waste: $150,000 fine
Long 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 …Continue reading the post titled Long ago and far away? Oil company liability
MacQueen/ 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…Continue reading the post titled MacQueen/ Sydney tar ponds class action update
Environmental 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.Continue reading the post titled Environmental moot court
ERT 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…Continue reading the post titled ERT to consider environmental penalties?
Wind energy appeal moving fast
The first wind energy appeal to the Ontario Environmental Review Tribunal is moving quickly. The Kent Breeze approval was issued November 12, 2010. The Erickson appeal was filed on November 29. A preliminary hearing was held January 11. The hearing of the appeal began February 1 and will c…Continue reading the post titled Wind energy appeal moving fast