Berendsen v. Queen in the Supreme Court
The important case on contaminated sites, Berendsen v. the Queen, was scheduled to be argued in the Supreme Court of Canada today. But they settled at the last minute. This leaves the Court of Appeal’s decision (rejecting the claim) as the last word.
Continue reading the post titled Berendsen v. Queen in the Supreme CourtClimate change lawsuits
Climate change creates winners and losers. When the losers look for someone to blame, and someone to pay, whom will they find? A few cases have begun to explore how the common law can be used, either to seek damages for climate destruction, or to enjoin further emissions. As with any new sci…
Continue reading the post titled Climate change lawsuitsPCB Cleanup Dispute goes to the CEC
Bennett Environmental has filed a complaint with the Commission on Environmental Cooperation, alleging that Canada, and more specifically the province of Québec, is failing to effectively enforce Québec’s Environment Quality Act (EQA) and the Regulation Respecting the Burial of Contami…
Continue reading the post titled PCB Cleanup Dispute goes to the CECWho pays for basement flooding?
It will likely be increasingly difficult for home and business owners to find anyone willing to pay for basement flooding. According to the insurers’ Institute for Catastrophic Loss Reduction, “basement flooding is one of the biggest challenges facing homeowners, municipal governments…
Continue reading the post titled Who pays for basement flooding?SLAPP Panel recommends anti-SLAPP law
The Ministry of the Attorney General has published the report of the Anti-SLAPP Advisory Panel. The report is on the Ministry’s web site at: http://www.attorneygeneral.jus.gov.on.ca/english/anti_slapp/anti_slapp_final_report_en.pdf. The panel adopted most of the Ontario Bar Association recom…
Continue reading the post titled SLAPP Panel recommends anti-SLAPP lawLaw Society rule change eases investigations
Ontario’s Law Society has changed the rules of professional conduct to make it easier for lawyers investigating a case to communicate with employees and agents of the other side. Rule 6.03 (9) used to prohibit lawyers from communicating with employees and agents of any organization who…
Continue reading the post titled Law Society rule change eases investigationsEndangered species: Ecojustice killer whale win
Congratulations to Ecojustice for its killer whale win. They successfully sued the federal government for its failure to protect the habitat of endangered species, killer whales in British Columbia. The 126 page judgment concludes that the Department of Fisheries and Oceans has utterly faile…
Continue reading the post titled Endangered species: Ecojustice killer whale winWind Appeal launched
As predicted, the first major renewable (wind) energy approval has been appealed to the Environmental Review Tribunal. Notice of the appeal was posted on the EBR Registry. I was glad to see, though, that this applicant doesn’t allege human health impacts. Because of the relatively narr…
Continue reading the post titled Wind Appeal launchedHome Insurance and the Pollution Exclusion
A BC court has upheld the pollution exclusion in a home insurance policy. The issue was the scope of the “pollution exclusion” clause in a policy of home insurance issued by the defendant, BCAA Insurance Corporation, to the plaintiff, Brian Corbould. Corbould sought a declaration of coverage…
Continue reading the post titled Home Insurance and the Pollution ExclusionDocuments excluded after illegal seizure
Environmental investigators are not allowed to seize private documents unless they have prior judicial authorization (i.e., a search warrant) or the consent of the owner of the documents. However, this does not always stop them.
Continue reading the post titled Documents excluded after illegal seizure