Acquittals in Two Recent Fisheries Act Prosecutions
We often report on convictions under the Fisheries Act. It is less often that we report on acquittals. In the last several months, two cases related to charges against farmers in PEI under the Fisheries Act were dismissed. The cases turned on whether the farmers, contrary to section 36(3) th…Continue reading the post titled Acquittals in Two Recent Fisheries Act Prosecutions
SIDS on track to pioneer new international treaty on climate change
Despite their comparatively insignificant contribution to climate change, Small Island Developing States (“SIDS”) are among the most vulnerable nations to the effects of climate change. Rising sea levels, an increase in extreme weather events, desertification, warming marine habits, and othe…Continue reading the post titled SIDS on track to pioneer new international treaty on climate change
CO Exposure can be Lethal
A property maintenance business plead guilty and was fined $75,000 for failing to protect their workers from exposure to carbon monoxide gas while power washing an underground parking garage. Ground Maintenance Cleaning Contractors Inc. (“GMCC”), was hired to power wash the underground garag…Continue reading the post titled CO Exposure can be Lethal
How Sierra Club became a player in the coal business
As strange as it might sound, the US chapter of the Sierra Club has acquired control over a large coal reserve in the Appalachians. In 2014, Sierra Club and two other environmental non-governmental organizations (“ENGO”s) sued a coal producer, Alpha Natural Resources, for polluting several s…Continue reading the post titled How Sierra Club became a player in the coal business
Nationwide flurry of activity on Environmental Bills of Rights
Hot on the heels of several provinces introducing Environmental Bills of Rights (“EBRs”), Ontario has just announced a review of its Environmental Bill of Rights, 1993. In March 2016, both British Columbia (Bill M 236-2016) and Manitoba (Bill 20) introduced EBRs (this was a re-introduction o…Continue reading the post titled Nationwide flurry of activity on Environmental Bills of Rights
Hunting Convictions for Shooting Decoys
A conservation officer saw two individuals sitting in their truck strategically located in order to observe the decoys with binoculars. The conservation officers placed the stationary moose decoys along the travelled portion of a maintained and travelled forest resource access corridor. Afte…Continue reading the post titled Hunting Convictions for Shooting Decoys
Provincial renewable energy goals trump municipal by-laws
Since the Green Energy and Economy Act, 2009 came into force on May 14, 2009, the debate continues about whether municipalities can regulate renewable energy projects. At least three court decisions have now been made which indicate that other possible avenues of municipal regulation of rene…Continue reading the post titled Provincial renewable energy goals trump municipal by-laws
Do environmental permits have value for the purposes of property tax assessment?
A recent decision of the Assessment Review Board (“ARB”) (Waste Management of Canada Corporation v MPAC, ID 138737 (ARB)) has concluded that the market value of the rights associated with an Environmental Compliance Approval (“ECA”) should be reflected in the current value of a landfill for …Continue reading the post titled Do environmental permits have value for the purposes of property tax assessment?
Point-of-sale notice programme coming for Toronto dry cleaners?
The Board of Health of the City of Toronto has recently moved on recommendations from Toronto Public Health to look into ways to increase regulation of dry cleaning operations in the city. The increased restrictions were in response to lobbying efforts from a number of environmental organiza…Continue reading the post titled Point-of-sale notice programme coming for Toronto dry cleaners?
Court grants defendant injunction and inspection order to investigate plaintiff’s property
In 2014, Metrus Properties sued Wrigley Canada claiming Wrigley’s neighbouring property had contaminated its property. When Wrigley asked to access the Metrus property to conduct environmental tests, Metrus refused. In April of 2016, the Superior Court of Justice granted an injunction to tem…Continue reading the post titled Court grants defendant injunction and inspection order to investigate plaintiff’s property