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…Continue reading the post titled Beware of standard clauses – the lesson from Walton v. Warren
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…Continue reading the post titled Protecting wild salmon in Canadian Courts, moving toward stricter protections?
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,…Continue reading the post titled What about greenhouse gas emissions – Are we going far enough?
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”) 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…Continue reading the post titled What Exactly is Canada Doing About the Protection of Our Environment?
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…Continue reading the post titled Climate Justice and Equality of Women and Girls
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…Continue reading the post titled Citizen suits against the government for GHG emissions
12 years later – have things changed?
Approximately 12 years ago the Nobel Peace Prize was equally shared between the Intergovernmental Panel on Climate Change (IPCC) and Al Gore “for their efforts to build up and disseminate greater knowledge about man-made climate change, and to lay the foundations for the measures that are ne…Continue reading the post titled 12 years later – have things changed?
Investigations and Inspections
What to do when the Ministry of the Environment, Conservation and Parks comes knocking It can be unnerving when a provincial officer from the Ministry of the Environment, Conservation and Parks (“MECP”) shows up at your business unannounced. Being prepared, and understanding your rights and …Continue reading the post titled Investigations and Inspections
$100,000 Fine for Smoke Discharge
On November 28, 2019 Clean Harbors Canada Inc., (“Clean Harbors”) pled guilty to violating the Environmental Protection Act on June 12, 2017 due to the discharge of a contaminant, namely smoke into the natural environment, and was fined $100,000 plus the 25% victim fine surcharge. The compa…Continue reading the post titled $100,000 Fine for Smoke Discharge
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…Continue reading the post titled What Are Your Environmental Rights in Ontario? An Overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28