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Published on: 30 Mar 2020 By

Beware of standard clauses – the lesson from Walton v. Warren

On January 9, 2020 the British Columbia Supreme Court found in favour of the Purchaser awarding costs against the Seller when an underground storage tank was discovered approximately 2½ years following closing (“Completion Date”). The judge made this finding despite the Purchaser obtaining a…

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Published on: 9 Mar 2020 By

Protecting wild salmon in Canadian Courts, moving toward stricter protections?

In Canada, we import approximately 93% of the fish consumed while we continue to export a significant amount of fish caught. Also, there is a lack of information relating to the fish being exported from Canada. In 2018 five tonnes of AquaAdvantage (genetically modified) salmon were sold, but…

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Published on: 18 Feb 2020 By

What about greenhouse gas emissions – Are we going far enough?

Recently, two cases State of Netherlands v Urgenda (December 20, 2019) and Juliana v. United States (January 17, 2020) highlight the contradictory role of the courts as it relates to reductions in greenhouse gas emissions. The Urgenda decision, issued by the Supreme Court of the Netherlands,…

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Published on: 6 Feb 2020 By

What Exactly is Canada Doing About the Protection of Our Environment?

The Federal Government is required under the Federal Sustainable Development Act, S.C. 2008, c.33 (“Act”[1]) to provide Canadians with a strategy as directed by the precautionary principle. The precautionary principle is defined in section 2 of the FSDA, for implementing any thing, action or…

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Published on: 3 Feb 2020 By

Climate Justice and Equality of Women and Girls

On November 7, 2019, the National Association of Women and the Law (“NAWL”) and Friends of the Earth (“FOE”) filed a Memorandum of Argument of the Proposed Intervenor in the Climate case being appealed to the Supreme Court of Canada (“SCC”) by the Provinces of Ontario and Saskatchewan. The F…

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Published on: 13 Jan 2020 By

Citizen suits against the government for GHG emissions

Numerous climate change actions have been brought against governmental entities globally within the past decade with increasing frequency. In Canada, three actions have been brought against the Canadian government within the past three years for insufficient action to reduce greenhouse gas e…

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Published on: 8 Nov 2019 By

What Are Your Environmental Rights in Ontario? An Overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28

Is there a right to a healthful environment in Ontario? Who has that right and what does it entail? Does the public have any say in the government’s ability to make environmentally significant decisions? These questions are the subject of longstanding and ongoing debates in Canadian environm…

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