Off-shore wind law suit against Ontario will proceed
Trillium Power Wind Corporation’s planned off-shore wind farm in Lake Ontario was effectively cancelled by the provincial moratorium on off-shore wind development, openly adopted for political reasons. Trillium sued the Province for $2.25 billion in costs thrown away and loss of profi…
View the post titled Off-shore wind law suit against Ontario will proceedBuyer can’t void purchase of contaminated land
Crosslink Bridge Corp. (Crosslink) purchased contaminated land from CN Railway (CN) in 2008 to develop a tourism, entertainment, retail and sports venue in the Niagara region. Crosslink received a box of environmental reports, including the Certificate of Requirement (also registered on titl…
View the post titled Buyer can’t void purchase of contaminated landCan investigators be personally liable for the damage they do to their suspects?
The Ontario Court of Appeal has ruled that it is not “plain and obvious” that regulatory investigators owe no duty of care to suspects under investigation. The same logic should apply to environmental investigators: shouldn’t they be personally liable to their suspects, if they misuse …
View the post titled Can investigators be personally liable for the damage they do to their suspects?Is parent company liable for crimes of foreign subsidiary?
The Ontario Superior Court has dismissed Hudbay Minerals’ motion to strike out the claims against it, and its subsidiary, for rapes and other human rights abuses allegedly committed in Guatemala. The Court concluded that the plaintiffs’ claim, that the Canadian parent company is …
View the post titled Is parent company liable for crimes of foreign subsidiary?Environmental Tribunal reluctantly approves wind turbines near eagles' nest
The Environmental Review Tribunal has issued another decision approving a 45 turbine wind farm, but strongly recommended that the proponent defer or relocate the two turbines within 800 metres of a bald eagles’ nest. Lewis v. MOE, 13-044 is an appeal from a Renewable Energy Approval Nu…
View the post titled Environmental Tribunal reluctantly approves wind turbines near eagles' nestPhilippines calls for "emergency climate pathway"
In an impassioned speech at the 19th Conference of the Parties (COP) of the Kyoto Protocol, the Philippines’ chief negotiator, Yeb Sano, called on the parties to take immediate, drastic action to tackle the climate crisis. IISD VIDEO: Philippines delegate Naderev Saño COP19 Warsaw R…
View the post titled Philippines calls for "emergency climate pathway"For environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Regulators of fracking negligent? Alberta case cut down
Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property …
View the post titled Regulators of fracking negligent? Alberta case cut downAnother environmental conviction for Ministry of Transportation
In an unusual turn of events, Ontario’s Ministry of Transportation has had two Fisheries Act convictions this fall: one for road construction and design, the other for road maintenance. In September we blogged about the Ontario Ministry of Transportation pleading guilty to Fisheries Ac…
View the post titled Another environmental conviction for Ministry of TransportationCascades/ Superior paper mill cleanup: final settlement?
Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment. The MOE Director issued a section 18 Order to five companies and three individuals to cleanup outstanding environmental issues at an old paper mill in Thunder Bay.…
View the post titled Cascades/ Superior paper mill cleanup: final settlement?Receive Blog Posts
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