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We are shocked and devastated by the senseless crime motivated by hatred and racism that was committed in our community on June 6. We extend our deepest condolences to the friends and family of those who were killed, and wish a full recovery to the surviving young boy who remains in hospital. We stand in solidarity with our Muslim partners, colleagues, clients, friends, and neighbours in rejecting Islamophobia in all forms, and demanding better for our community. Hatred has no place here. It diminishes every one of us. Each of us shares the responsibility for putting an end to it. We recognize that as members of the legal profession, our share of that responsibility is heightened. This unspeakable crime strikes at the very core of the Muslim community’s sense of security and will have a lasting impact. Although this tragedy can never be undone, we believe the goodness in our city will prevail. We commit to be better for each other, to demand better from each other and to share love, kindness and tolerance with one another. We must stand together to build a safer, more inclusive community for all.

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Published on: 28 Apr 2014 By

Waste Diversion Ontario and Stewardship Ontario to arbitrate

Waste diversion in Ontario is spawning an unusual amount of litigation this year. Waste Diversion Ontario (WDO), the delegated administrative authority which oversees several waste diversion programs under the Waste Diversion Act, is sending its breach of contract dispute with Stewardship On…

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Published on: 24 Apr 2014 By

Environment Ministry to loosen law for waste-based alternative fuels that displace coal

Kudos to the Ontario Ministry of the Environment for finally coming to grips, at least a little, with the adverse environmental and environmental effects of labeling too many productive activities as “waste disposal”. The ministry’s proposed regulatory changes will remove t…

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Published on: 17 Apr 2014 By

Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decision

The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud. Our …

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Published on: 16 Apr 2014 By

Another fine for not reporting flyrock as environmental discharge

Last year, Castonguay Blasting lost its appeal to the Supreme Court of Canada against a conviction for failing to report flyrock as an environmental “discharge” under the Environmental Protection Act. Now they have been fined $75,000 for essentially the same offence on another oc…

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Published on: 10 Apr 2014 By

Good news: clarity to come on single use battery “recycling” in Ontario

What should count as battery “recycling”? Is it good enough to melt single use batteries into nickel mill slag, which is put in roadbeds as “aggregate”? Or should we insist on up-cycling end of life batteries, i.e. carefully separating and reusing each of the hazardous components…

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Published on: 8 Apr 2014 By

First “climate refugee” case going to appeal in New Zealand

On 1st May, 2014, the New Zealand Court of Appeal will hear Ioane Teitiota’s claim to become the world’s first climate refugee. Mr. Teitota is from a remote atoll in the Pacific nation of Kiribati, one of the lowest-lying nations on Earth. He is trying to convince New Zealand jud…

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Published on: 7 Apr 2014 By

Blue Box arbitration: Third procedural victory for municipalities

Retired justice Robert Armstrong has given a third procedural victory to municipalities in the hotly disputed Blue Box funding arbitration. The Blue Box arbitration will now proceed, as scheduled, as a single hearing, instead of being broken up into parts, as stewards proposed: Bifurcation D…

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Published on: 2 Apr 2014 By

Japan’s whaling program ruled unscientific, must stop at last

In May 2010, Australia launched legal proceedings against Japan in the International Court of Justice (ICJ) alleging that: “Japan’s continued pursuit of a large-scale program of whaling under the Second Phase of its Japanese Whale Research Program under Special Permit in the Antarctic (‘JARP…

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