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Published on: 18 Apr 2018 By

Bill 21: Seeking to Make Fossil Fuel Producers Strictly Liable for Climate Harms in Ontario

Ontario NDP MPP Peter Tabuns has introduced a private bill that seeks to establish statute-based civil liability for climate change against certain private actors. Bill 21 would enact the “Liability for Climate-Related Harms Act, 2018” (the “Act”), making fossil fuel producers strictly liabl…

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Published on: 9 Apr 2018 By

Reform of the Federal Environmental Assessment Regime Under Bill C-69: Many Faces of Critique

Bill C-69, the federal government’s proposal for changing the current environmental assessment regime, is currently at first reading. The Bill proposes to reconfigure the way that potential environmental impacts of a project are evaluated in advance of its approval. The proposed changes are …

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Published on: 6 Apr 2018 By

Public Interest Intervention in Private Environmental Disputes

A recent decision from the Court of Appeal for Ontario, Huang v Fraser Hillary’s Limited, 2018 ONCA 277, underscores the challenges faced by parties seeking to intervene in private environmental disputes. Background Fraser Hillary’s Limited (“FHL”) is the corporate owner of a property in Ott…

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Published on: 2 Apr 2018 By

Environmental Review Tribunal Denies Costs for Successful REA Appellants

In the latest chapter in the appeal of the renewable energy approval (“REA”) for a wind farm in Clearview Township, Simcoe County, the Environmental Review Tribunal (“Tribunal”) denied the Appellants’ request for costs. The Appellants, comprised of an assortment of individuals, municipalitie…

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Published on: 13 Mar 2018 By

A Multi-Jurisdictional Action Plan to Reduce Algal Blooms in Lake Erie

The Ontario and federal governments have recently announced the enactment of a joint action plan for reducing algal blooms in Lake Erie. The Lake Erie Action Plan identifies numerous actions aimed at reducing the amount of phosphorus entering into Lake Erie by 40 per cent below 2008 levels. …

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Published on: 5 Mar 2018 By

Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where Are We Now?

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time. There was speculation at the time of the decision’s rel…

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Published on: 12 Feb 2018 By

Train Derailment Results in Significant Environmental Fines

On July 6, 2013, 74 unattended freight train cars carrying Bakken Formation crude oil rolled down a 1.2% grade from the town of Nantes and into the downtown area of the Town of Lac-Mégantic. The ensuing derailment resulted in a fire and explosion of multiple tank cars. The devastation was fa…

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