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Published on: 14 Feb 2019 By

Ontario Court of Appeal Provides Succinct Overview of Regulation of Sewage Works

On January 31, 2019, the Ontario Court of Appeal released its decision in Belwood Lake Cottagers Association Inc. v. Ontario (Environment and Climate Change), 2019 ONCA 70. The decision turned on the interpretation of “lot or parcel of land” in the Ontario Water Resources Act, R.S.O. 1990, c…

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Published on: 11 Feb 2019 By

Climate Change Alters Municipal Role and Responsibilities

“[By] covering a ground plot with buildings and pavements, which carry off most of the rain and prevent its soaking into the Earth and renewing and purifying the Springs … the water of wells must gradually grow worse, and in time be unfit for use as I find has happened in all old cities. Benjamin...

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Published on: 7 Feb 2019 By

City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act

On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…

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Published on: 1 Feb 2019 By

Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5

Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated …

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Published on: 1 Feb 2019 By

Conservation Ontario’s 2019 Budget Consultation Submission

Conservation Ontario, the non-profit association that represents Ontario’s 36 Conservation Authorities, has made their submission for the 2019 Ontario Budget Consultation publicly available on their website, and here’s what we’ve learned: The Province of Ontario currently provides Ontario’s …

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Published on: 28 Jan 2019 By

Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and Trade

The recent attempt of the Ford government to dismiss a court case against them brought by Greenpeace Canada, represented by Ecojustice[1], failed on January 26, 2019. Ecojustice filed a lawsuit against the Government of Ontario for failing to consult the public when it ended Ontario’s cap an…

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Published on: 25 Jan 2019 By

Proposed new “Open-for-business” by-law authority scrapped

On Wednesday January 23, 2018, the Ontario Minister of Municipal Affairs and Housing announced that the government would not be proceeding with Schedule 10 of Bill 66. As I wrote here, Schedule 10 proposed to give municipal governments expanded authority under their Planning Act, section 34,…

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Published on: 23 Jan 2019 By

10 Year Review of Ontario’s Endangered Species Act

On January 18, 2019, the Ontario government gave notice on the Environmental Registry that that they were conducting a ten [10] year review of the Endangered Species Act, R.S.O. 2007 (the “Act”) (which came into effect on June 30, 2008). A Discussion Paper produced by the Ministry of the Env…

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Published on: 21 Jan 2019 By

Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval

On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…

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