Court of Appeal Hears Jurisdiction Motion in Airia Brands
In December 2016, the Ontario Court of Appeal heard an appeal in Airia Brands v Air Canada. The result of this appeal will have significant impact on the viability of global class actions commenced in Ontario and on the application of the real and substantial connection test in the context of a proposed global class...
Continue reading the post titled Court of Appeal Hears Jurisdiction Motion in Airia BrandsOil spills at sea: Better prevention and cleanup
Some rare good news. Oil tanker spills into world oceans: there aren’t as many as there used to be, and they do not do as much damage as they used to do. According to the excellent newsletter of the International Tanker Owners Pollution Federation, both the number of oil spills and the quantity spilled has...
Continue reading the post titled Oil spills at sea: Better prevention and cleanupPort Authority biased in approving coal port?
This month, Ecojustice filed an application for judicial review of the Vancouver Fraser Port Authority’s decision to permit a coal transfer facility. They claim that the Port Authority failed to consider some environmental effects, including climate change, and that the decision of the Port and its officers and staff was affected by bias. Bias is a serious...
Continue reading the post titled Port Authority biased in approving coal port?Injuries sustained in the course of work: WSIB vs personal injury lawsuit
The Workplace Safety and Insurance Board (WSIB) system and a personal injury lawsuit are two paths to compensate individuals who sustained injuries as a result of an accident. However, these two systems do not coexist; an individual can have access to only one of them at a time. In some situations, it is clear which...
Continue reading the post titled Injuries sustained in the course of work: WSIB vs personal injury lawsuitConstruction accident spill
Balterre Contracting Limited was fined $200,000 for rupturing a natural gas pipeline during road construction, spilling natural gas into the environment, causing an adverse effect.
Continue reading the post titled Construction accident spillWhat’s new? Federal laws, in the last year
We’re starting to prepare this year’s edition of the Canadian Environmental Law consolidation, which we publish every year with Canada Law Book. This is a valuable desk reference – we use it regularly! Despite all the press, there have been few actual changes in the last year in federal environmental laws and regulations, mainly: Canada...
Continue reading the post titled What’s new? Federal laws, in the last yearFederal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153
On August 30, 2018, the Federal Court of Appeal released its decision concerning the judicial review of an Order in Council approving the Kinder Morgan Trans Mountain Pipeline Expansion Project (the “Expansion Project”). The Order in Council, dated November 29, 2016, was based on a report and recommendation of the National Energy Board (“NEB”), and...
Continue reading the post titled Federal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153P.E.I.'s climate plan will not include a carbon tax
On Wednesday, July 11th, P.E.I’s Environment Minister Richard Brown stated that the province will submit a climate plan to Ottawa by September 1st, 2018. This climate plan will not include a carbon tax nor a plan for a cap-and-trade system; the two options that the federal government has given the provinces for pricing carbon pollution....
Continue reading the post titled P.E.I.'s climate plan will not include a carbon taxThe 24th Conference of the Parties (COP24) Convenes in Katowice, Poland
On December 2, 2018, delegates from almost 200 nations convened in Katowice, Poland for the 24th Conference of the Parties (COP24) to the United Nations Framework Convention on Climate Change (UNFCCC). The COP24, also known as the United Nations Climate Change Conference, Katowice, Poland, 2018, is the fourteenth session of the Conference of the Parties...
Continue reading the post titled The 24th Conference of the Parties (COP24) Convenes in Katowice, PolandNew Waste Management Policies
The Ministry of the Environment made two significant waste management policy announcements this week First, the Ministry has issued a proposed Policy Statement on Waste Management Planning. This is apparently esoteric topic will give direction to municipalities in the contentious and difficult area of waste management. All municipalities with populations over 100,00 must develop 20-to-25-year...
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