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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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Published on: 27 Sep 2019 By

Surface Water, Natural Watercourses, and Municipal Drains: A Brief Guide to Drainage Rights in Rural Ontario

Do you have a right to block surface water from entering onto your property? Can you modify a natural watercourse? Are you legally obligated to prevent surface water on your property from travelling onto your neighbour’s property? Rural landowners are often confronted with these perplexing i…

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