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Published on: 19 Oct 2018 By

Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land

The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the “Contaminated Property”). CN Railway Company v…

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Published on: 18 Oct 2018 By

Examining Shared Environmental Interests with the Michigan State Bar Webcast

On November 12th, members of State Bar of Michigan and the Ontario Bar Association come together to discuss environmental law topics relevant to lawyers on both sides of the border. Moderated by Siskinds LLP partner Paula Lombardi, speakers will discuss the impact of the deep geological repo…

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Published on: 15 Oct 2018 By

Nobel Prize Winner Recommends Tax on Carbon Emissions

Professor William D. Nordhaus, an economist from Yale who has dedicated more than forty years attempting to convince governments to address climate change through the imposition on a tax on carbon emissions was awarded the 2018 Nobel Memorial Prize in Economic Sciences. Professor Nordhaus ha…

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Published on: 25 Sep 2018 By

Environmental Commissioner’s 2018 Greenhouse Gas Progress Report

On September 25, 2018, the Environmental Commissioner of Ontario released the 2018 Greenhouse Gas Progress Report: Climate Action in Ontario: What’s Next? The Environmental Commissioner of Ontario (ECO) is an independent officer of the Legislative Assembly of Ontario created by the Environme…

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Published on: 21 Sep 2018 By

Environmental Review Tribunal Clarifies Section 34(1) of OWRA

The Environmental Review Tribunal (“ERT”) recently released a decision clarifying the scope of section 34(1) of the Ontario Water Resources Act R.S.O. 1990, c. O.40, (“OWRA”). The City of Thunder Bay (“City”) in Thunder Bay (City) v. Ontario (Environment, Conservation and Parks), ERT no. 18-…

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Published on: 17 Sep 2018 By

Ontario Files Argument in Court Challenge of Federal Carbon Tax Act

On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal government’s Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: “…

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Published on: 11 Sep 2018 By

Ontario Superior Court of Justice Sets Aside Provisions of Legislation Cutting Toronto City Council in Half in City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151.

In July 2018, merely one month into his new role as Ontario Premier, Doug Ford announced his intention to reduce the number of Councillors in the City of Toronto by almost 50%. Bill 5, Better Local Government Act (“Bill 5”), which received Royal Assent on August 14, 2018, reduced the number …

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Published on: 4 Sep 2018 By

New Fisheries Minister’s Mandate to Advance Bill C-68 – the reform of the Fisheries Act

On August 28, 2018, Prime Minister Trudeau issued a fresh mandate letter to Canada’s new Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honorable Jonathan Wilkinson, who was appointed on July 18, 2018. The minster is directed to implement and develop the Oceans Protection Pl…

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Published on: 30 Aug 2018 By

Federal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153

On August 30, 2018, the Federal Court of Appeal released its decision concerning the judicial review of an Order in Council approving the Kinder Morgan Trans Mountain Pipeline Expansion Project (the “Expansion Project”). The Order in Council, dated November 29, 2016, was based on a report an…

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