Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752
A recent decision certifying a class action for prepaid payment cards demonstrates the potential of Ontario’s Consumer Protection Act and the limits of creative technical arguments at the threshold certification stage. Case Background Bernstein v Peoples Trust Company is a class action regarding certain prepaid Visa and Prepaid issued by the Defendants. The Plaintiff alleges that...
Continue reading the post titled Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752Promising development in US climate change litigation
An interesting, and potentially important, climate change precedent has come out of a US federal court. We reported last year about a lawsuit launched by Our Children’s Trust, a group of youth seeking to invoke the public trust doctrine and the principle of intergenerational equity to push state and federal action on climate change in...
Continue reading the post titled Promising development in US climate change litigationClimate litigation: US youth sue the government for climate inaction
There is lots of climate-related legal action occurring in the US these days. A few weeks ago, for example, we blogged about the Clean Power Plan, Obama’s plan for reducing greenhouse gas emissions in the US. Several lawsuits have already been filed (and at least one has already been dismissed as premature) in an attempt to see the plan quashed. Meanwhile, a group...
Continue reading the post titled Climate litigation: US youth sue the government for climate inactionNo stay for Order to former officers and directors
The Environmental Review Tribunal has refused to stay a multimillion dollar order to the former officers and directors of a bankrupt company and its parent, pending appeal, whether or not the Ministry of the Environment had jurisdiction to issue the Order.
Continue reading the post titled No stay for Order to former officers and directorsJail for Garbage Fire
In October 2004, choking fumes from a giant garbage fire tormented Vaughan residents and created widespread health concerns. It took millions to put out the fire and clean up the transfer site. This week, those responsible for the garbage mountain were finally sent to jail, and fined a record $1.7 million, plus the 25% Victim...
Continue reading the post titled Jail for Garbage FireQuarry approved on Escarpment
Did you think the Niagara Escarpment was actually protected? A Joint Board of the Ontario Municipal Board and the Environmental Review Tribunal have conditionally approved a massive new Walker Brothers quarry on the Niagara Escarpment, over the objections of the Niagara Escarpment Commission, two conservation authorities, a land trust and local citizens. As usually happens...
Continue reading the post titled Quarry approved on EscarpmentKipfinch – latest Ontario contaminated site decision
Ontario’s latest contaminated site decision is Kipfinch v. Westwood Mall (Mississauga) Limited. The intended purchaser of a $25 million shopping mall was unable to obtain financing after the vendor refused to allow invasive testing in an area formerly occupied by a dry cleaner. The agreement of purchase and sale required the purchaser to satisfy...
Continue reading the post titled Kipfinch – latest Ontario contaminated site decisionSkytruth: a great site
Skytruth.org is a great site for seeing what is really happening in big environmental problems, like the BP oil spill, and fast-growing oil and gas production fields. They collect and publish up to date aerial photos. That’s another good thing about Google, the web and social media: it’s getting harder and harder to hide things...
Continue reading the post titled Skytruth: a great siteFederal environmental assessments will be rushed
Now that federal environmental assessments are gone, the federal government will only assess very large, very important projects. But it’s going to do them in a hurry.
Continue reading the post titled Federal environmental assessments will be rushedHidden contamination: it wasn’t my tank!
Two Vancouver families have had an expensive nightmare due to an leaking underground storage tank.
Continue reading the post titled Hidden contamination: it wasn’t my tank!Receive Blog Posts
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