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
How much is nuisance worth?
In Blatz v. Impact Energy Inc., the Alberta Court of Queen’s bench found a gas drilling company liable for contaminating a well on the landowners’ property. As a result, the landowners had to drill a new well and also suffered weeks of health problems, such as diarrhea, mouth sores, and blad…Continue reading the post titled How much is nuisance worth?
Fairness, non-polluter pays and Kawartha Lakes
Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.Continue reading the post titled Fairness, non-polluter pays and Kawartha Lakes
Better federal environmental assessments coming?
This morning, the Supreme Court of Canada released its decision in MiningWatch Canada v. Minister of Fisheries and Oceans et al. As you will see, MiningWatch’s appeal has been allowed. The unanimous court ruled that the Canadian Environmental Assessment Act requires government to condu…Continue reading the post titled Better federal environmental assessments coming?