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Published on: 29 Oct 2018 By

A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35

On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Abo…

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Published on: 24 Oct 2018 By

Environmental Assessments no longer necessary?

In May 2017 the Canadian Centre for Policy Alternatives reported the existence of approximately 16 dams located throughout northern British Colombia constructed without the proper regulatory approvals. The dams were allegedly constructed by Progress Energy, a wholly owned subsidiary of Petro…

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Published on: 19 Oct 2018 By

Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land

The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the “Contaminated Property”). CN Railway Company v…

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Published on: 18 Oct 2018 By

Examining Shared Environmental Interests with the Michigan State Bar Webcast

On November 12th, members of State Bar of Michigan and the Ontario Bar Association come together to discuss environmental law topics relevant to lawyers on both sides of the border. Moderated by Siskinds LLP partner Paula Lombardi, speakers will discuss the impact of the deep geological repo…

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Published on: 15 Oct 2018 By

Noble Prize Winner Recommends Tax on Carbon Emissions

Professor William D. Nordhaus, an economist from Yale who has dedicated more than forty years attempting to convince governments to address climate change through the imposition on a tax on carbon emissions was awarded the 2018 Nobel Memorial Prize in Economic Sciences. Professor Nordhaus ha…

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Published on: 25 Sep 2018 By

Environmental Commissioner’s 2018 Greenhouse Gas Progress Report

On September 25, 2018, the Environmental Commissioner of Ontario released the 2018 Greenhouse Gas Progress Report: Climate Action in Ontario: What’s Next? The Environmental Commissioner of Ontario (ECO) is an independent officer of the Legislative Assembly of Ontario created by the Environme…

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Published on: 21 Sep 2018 By

Environmental Review Tribunal Clarifies Section 34(1) of OWRA

The Environmental Review Tribunal (“ERT”) recently released a decision clarifying the scope of section 34(1) of the Ontario Water Resources Act R.S.O. 1990, c. O.40, (“OWRA”). The City of Thunder Bay (“City”) in Thunder Bay (City) v. Ontario (Environment, Conservation and Parks), ERT no. 18-…

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Published on: 17 Sep 2018 By

Ontario Files Argument in Court Challenge of Federal Carbon Tax Act

On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal government’s Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: “…

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