Who pays when polluters canβt?
In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public or the immediate victims of pollution, bear the cost of repairing damage...
Continue reading the post titled Who pays when polluters canβt?Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.
Continue reading the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup orderERT rejects neighbours' plea re 22 year old spill
Should it really take more than 22 years to clean up a domestic fuel spill?
Continue reading the post titled ERT rejects neighbours' plea re 22 year old spillReal climate leadership
Canada’s inaction on climate change was underscored again by Monday’s stunning announcement from Barack Obama’s White House. Demonstrating a commitment to lead by example, President Obama signed an Executive Order (attached) that sets sustainability goals for Federal agencies and focuses on making improvements in their environmental, energy and economic performance. The Order requires Federal agencies...
Continue reading the post titled Real climate leadershipPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during the 66 years that Inco operated its nickel...
Continue reading the post titled Port Colborne class action dismissedDrummond report: doing more with less
The Ministry of the Environment will have to do less, charge more and become much more efficient in a time of government constraint, according to today’s Drummond Report:
Continue reading the post titled Drummond report: doing more with lessRemedies of a Commercial Landlord in Ontario
If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults β monetary or non-monetary. The type of default will determine the landlord’s available remedies. A monetary default occurs when the tenant fails to pay an amount due to the...
Continue reading the post titled Remedies of a Commercial Landlord in OntarioObstacles to waste diversion
Ontario’s Minister of the Environment says that it is his second highest priority to increase waste diversion from landfill. Can he do it? Yesterday, Dianne gave a well-received keynote address to the Municipal Waste Association on Obstacles to Waste Diversion.
Continue reading the post titled Obstacles to waste diversionNational class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc
On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In...
Continue reading the post titled National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store IncFinancial Exploitation and Elder Abuse
What is Elder Abuse?[1] Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his brother, Esau, thereby securing for Jacob...
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