Cap-and-Trade
On October 11, 2019, the Ontario Superior Court of Justice, Divisional Court, confirmed that the repeal of the cap-and-trade system in Ontario absent engaging in public consultation was unlawful. The Ontario Divisional Court concluded that the Ontario government was “obliged” under the Envir…
View the post titled Cap-and-TradeSurface water, natural watercourses, and Municipal drains: A brief guide to Drainage Rights in rural Ontario
Do you have a right to block surface water from entering onto your property? Can you modify a natural watercourse? Are you legally obligated to prevent surface water on your property from travelling onto your neighbour’s property? Rural landowners are often confronted with these perplexing i…
View the post titled Surface water, natural watercourses, and Municipal drains: A brief guide to Drainage Rights in rural OntarioFederal carbon tax appealed to Supreme Court
On August 28, 2019 the Minister of Environment, Conservation and Parks announced Ontario’s appeal of the Court of Appeal’s decision on the constitutionality of the federal Greenhouse Gas Pollution Pricing Act to the Supreme Court of Canada. In making the announcement the Minister stated: …
View the post titled Federal carbon tax appealed to Supreme CourtThe Marine Liability Act and the “polluter pay” regime: A review of the Court’s decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232
Earlier this summer, the British Columbia Court of Appeal dismissed an appeal by the Province of British Columbia concerning the Province’s liability for oil pollution under the federal Marine Liability Act, S.C. 2001, c.6. The pollution in question had emanated from a derelict vessel of whi…
View the post titled The Marine Liability Act and the “polluter pay” regime: A review of the Court’s decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232$2.9M Charge for Spill of Diesel Fuel and Lubricants
On July 16, 2019, Kirby Offshore Marine Operating LLC pled guilty to three charges of violating the Fisheries Act, Migratory Birds Convention Act, 1994, and the Pilotage Act and received fines totally $2.9 million dollars. On October 13, 2016, the tugboat Nathan E. Stewart ran aground at E…
View the post titled $2.9M Charge for Spill of Diesel Fuel and LubricantsIs a Healthy Environment a Fundamental Right of Citizens
On November 26, 2018 ENvironnement JEUnesse (“ENJEU”)[1] filed an application for authorization against the Government of Canada to bring a class action on behalf of all Quebec residents aged 35 and under claiming a right to a clean and healthy environment. The claim alleged that the Canadia…
View the post titled Is a Healthy Environment a Fundamental Right of CitizensEnvironmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order
A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an En…
View the post titled Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s OrderClosure of White Pines Wind Facility in Price Edward County, Ontario
On July 3, 2019, the Ontario Ministry of the Environment, Conservation and Parks (“MECP”) posted its notice of decision with respect to regulations to govern the closure of the White Pines Wind Project. The White Pines Wind Project was a Class 4 Energy Project (with a nameplate capacity of 1…
View the post titled Closure of White Pines Wind Facility in Price Edward County, OntarioFederal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544
Last week, the Ontario Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 on the constitutionality of the federal carbon pricing scheme. The Court held that the Greenhouse Gas Pollution Pricing Act, which imposes charges for various fuel…
View the post titled Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544Federal Carbon Tax Constitutional
Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘…
View the post titled Federal Carbon Tax ConstitutionalReceive Blog Posts
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