Kyoto Protocol Implementation decision tomorrow
On March 25, the Supreme Court of Canada will decide Friends of the Earth’s application for leave to appeal. In 2006, FOE asked the Federal Court of Canada to order the Harper government to comply with a valid Canadian statute on managing climate change, the Kyoto Protocol Implementati…Continue reading the post titled Kyoto Protocol Implementation decision tomorrow
Does law have to be so dysfunctional?
It's a debate worth having - have we allowed the role of litigation and courts to expand too much, in environmental and other fields? And if so, what should we do about it?Continue reading the post titled Does law have to be so dysfunctional?
Designing a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:Continue reading the post titled Designing a holdback clause
Paper recycling in Ontario takes a hit
Atlantic Packaging Products is closing its recycled newsprint plant in Whitby, because of a “drastic” decline in North American newsprint demand, the high Canadian dollar, and high operating costs in Ontario. The plant was Canada’s first to produce 100 per cent recycled newsprint, and also p…Continue reading the post titled Paper recycling in Ontario takes a hit
Keeping drugs out of our drinking water – an update
Leftover drugs should never be flushed down toilets or discarded with regular garbage. Consumers should return unused drugs to their pharmacies for incineration.Continue reading the post titled Keeping drugs out of our drinking water – an update
Why does so much filth pour out of Toronto sewer outfalls? Hundreds of the outfalls, which should only carry rainwater and perhaps noncontact cooling water, run even in dry weather. Toronto’s water department has identified 53 priority outfalls, places where the “water” p…Continue reading the post titled Stormwater surprise
Climate change, KPIA and the rule of law
When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.Continue reading the post titled Climate change, KPIA and the rule of law
More Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…Continue reading the post titled More Olympic nuisance lawsuits
Why do new fuel tanks leak?
New fuel tanks leak because our safety standards are too lax, according to the Ontario Superior Court of Justice. In Muskoka Fuels v Hassan Steel Fabricators, the plaintiff petroleum distributor purchased a fuel tank manufactured by Hassan. Diesel oil leaked from the tank into a bog less th…Continue reading the post titled Why do new fuel tanks leak?
Regional official plans and the ANS
These kinds of errors can make a Record of Site Condition contain "false or misleading" information or certification.Continue reading the post titled Regional official plans and the ANS
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