Designing a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:Continue reading the post titled Designing a holdback clause
Climate change, KPIA and the rule of law
When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.Continue reading the post titled Climate change, KPIA and the rule of law
More Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…Continue reading the post titled More Olympic nuisance lawsuits
Why do new fuel tanks leak?
New fuel tanks leak because our safety standards are too lax, according to the Ontario Superior Court of Justice. In Muskoka Fuels v Hassan Steel Fabricators, the plaintiff petroleum distributor purchased a fuel tank manufactured by Hassan. Diesel oil leaked from the tank into a bog less th…Continue reading the post titled Why do new fuel tanks leak?
Expert witnesses: preparation
How do lawyers use Expert Witnesses in Environmental Litigation? Here’s an outline from one of Dianne’s seminars:Continue reading the post titled Expert witnesses: preparation
Financial assurance: what counts?
Detox appealed the Ministry demand for $100,000 in financial assurance for transportation accidents relating to PCBs. As Detox pointed out, it holds $5 million of vehicle insurance, to cover precisely the same sort of accidents, and the MOE's amount, $100,000, was almost certainly inadequ…Continue reading the post titled Financial assurance: what counts?
Olympic overhang- transit class action
Governments across the country have already passed laws blocking lawsuits in nuisance against municipalities for sewer and water overflows; it is time to expand those laws to cover the construction of transit.Continue reading the post titled Olympic overhang- transit class action
Noisy nosy neighbours
Mr. and Mrs. Monroe were forbidden to operate their air conditioner if it causes sound beyond 55 dB from 7 AM to 10 PM, and 45 dB overnight, measured anywhere along the property boundary.Continue reading the post titled Noisy nosy neighbours
Courts, the environment and big fines
When I was a young lawyer, fines up for even the most egregious environmental offences tended to be very small. In one famous case, R.v. Cyanamid, proof of enormous pollution was punished with a $1 fine. Judges used to groan when we environmental prosecutors came into their courtrooms, compl…Continue reading the post titled Courts, the environment and big fines
City goes to bat for neighbours of cement plant
In an unusual move, the City of Toronto has sought and obtained leave to appeal the air certificate of approval issued to an existing cement plant. The plant had been the subject of numerous complaints from local residents, relating to dust and noise. The Ministry of the Environment issued a…Continue reading the post titled City goes to bat for neighbours of cement plant