What do we owe our neighbours?
Property owners must not worsen problems faced by their neighbours. In Donley Investments Ltd. v. Canril Corp., Canril owned a vacant commercial property at 90 George Street in Ottawa, one inch west of the Donley building. The Donley basement began flooding in February 2003, after a broken C…Continue reading the post titled What do we owe our neighbours?
Conservation Authority gets injunction, wetland protected
Is there real enforcement of conservation authority regulations? Often, no, but that may be starting to change. In Lakehead Region Conservation Authority v. DeMichele, the Ontario Court of Appeal has upheld a permanent injunction preventing a developer from further dredging and filling in a …Continue reading the post titled Conservation Authority gets injunction, wetland protected
Syncrude hearing resumes
Today, Judge Tjosvold will resume the Syncrude trial for the killing of 1600 ducks that landed on a badly managed, lethal tailings pond. He will decide whether Syncrude can be punished for both the federal and provincial offences that it committed. Anyone interested in the environmental toll…Continue reading the post titled Syncrude hearing resumes
Hanna lawsuit against wind turbines grinding on
Procedural skirmishing is underway in the Hanna lawsuit against Ontario wind turbines.Continue reading the post titled Hanna lawsuit against wind turbines grinding on
Hidden contamination: it wasn’t my tank!
Two Vancouver families have had an expensive nightmare due to an leaking underground storage tank.Continue reading the post titled Hidden contamination: it wasn’t my tank!
For more thoughts on the unjust aspects of Smith v. Inco, see our column in Slaw.Continue reading the post titled Retroactive injustice
Air pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …Continue reading the post titled Air pollution class action against the tar sands?
First, do no harm: controlled burns and sea turtles
A coalition of animal protection and conservation groups filed a lawsuit on June 30 to stop BP from conducting “controlled burns” of spilled oil in the Gulf of Mexico. They allege that protected and endangered sea turtles were being incinerated alive.,Continue reading the post titled First, do no harm: controlled burns and sea turtles
Limitations: why not too late to sue for contamination?
No one can count any longer on the limitation period having run for any of it.Continue reading the post titled Limitations: why not too late to sue for contamination?
Inco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…Continue reading the post titled Inco to pay $36 million in Port Colborne class action