Climate change victims can sue coal-fired plants
Those who burn coal create emissions known to have adverse effects (climate change) on others. These are the very sorts of harm that tort law is designed to control.
View the post titled Climate change victims can sue coal-fired plantsSunrise Propane good for lawyers
As landlords are not generally liable for their tenants' torts, it will be very surprising if the Sunrise class action is certified against them.
View the post titled Sunrise Propane good for lawyersClass Action Update
Another attempt to seek environmental health damages in a class action has failed. The federal government, Dow and Pharmacia are facing class actions across the country relating to herbicides used at its military base in Gagetown, New Brunswick.
View the post titled Class Action UpdateSuing negligent engineers
A surprisingly large part of my practice involves suing engineers and other environmental consultants for their negligence and breach of contract relating to contaminated sites.
View the post titled Suing negligent engineersThoughts about sampling
Accurate sampling, or the lack of it, is a frequent pitfall in environmental litigation.
View the post titled Thoughts about samplingMy neighbour cut down my tree: can I sue?
My neighbour came onto my property and cut down my tree. Can I sue?
View the post titled My neighbour cut down my tree: can I sue?Infrastructure P3 builders liable for nuisance
Similar facts could easily arise on many other infrastructure projects across Canada; there is almost always a more expensive alternative that would reduce disruption for nearby residents and businesses. And governments rarely select that alternative.
View the post titled Infrastructure P3 builders liable for nuisanceNot every spill is an offence
The Ontario Court of Justice has acquitted a company that spilled caustic soda on a road, on the grounds that the spill did not cause an adverse effect.
View the post titled Not every spill is an offenceCourts get tougher on partisan experts
The court refused to accept him as an expert. There was no doubt that he had genuine accounting expertise, but he lacked the critical element of impartiality.
View the post titled Courts get tougher on partisan expertsMunicipalities recovering spill costs
In 2005, the Environmental Protection Act was amended to allow municipalities a new mechanism to recover the costs of cleaning up spills. s.100.1 allows municipalities to cleanup spills caused by private parties, and to issue orders to recover the costs. This has also allowed the MOE to down…
View the post titled Municipalities recovering spill costsReceive Blog Posts
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