Bottled water battles continue
Recently, the Township of Centre Wellington—a small, growing municipality in Ontario—lost a bid for rights to a well, and potential drinking water supply for its residents. Surprisingly, it lost its bid for the well to Nestle Waters Canada, Canada’s largest distributer of bottled water. Nestle does appear to have plans to use the water in...
Continue reading the post titled Bottled water battles continueWhen is a pit a “pit”?
The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and blasting company. In 2012, it approached a landowner to...
Continue reading the post titled When is a pit a “pit”?Ontario Moves to Formalize the Use of Third-party Off-sets Under the Endangered Species Act, 2007
The Ontario government has published the results of its 10-year review of the Endangered Species Act, 2007, S.O. 2007, c. 6(the “Act”). While the results are reported in summary fashion, the review has resulted in multiple proposed changes to the Act. The proposed changes have been posted on the Environmental Registry under five broad categories:...
Continue reading the post titled Ontario Moves to Formalize the Use of Third-party Off-sets Under the Endangered Species Act, 2007Ontario GHG Performance Standards for Industrial Emitters
The public consultation period for the Ontario government’s proposed greenhouse gas (“GHG”) emission performance standards (“EPS”) ends on March 29, 2019. The EPS proposal is the government’s replacement for the cap and trade regime under the Climate Change Mitigation and Low-carbon Economy Act, 2016, S.O. 2016, c. 7, which was repealed on November 14, 2018....
Continue reading the post titled Ontario GHG Performance Standards for Industrial EmittersConservation easement upheld
Gottsegen bought waterfront property, subject to a conservation easement to protect a 3 m wooded area at the water's edge. The easement had a built-in penalty for breach, of $100 per day. Gottsegen cut many of the trees and built a retaining wall; the neighbourhood Association sued.
Continue reading the post titled Conservation easement upheldBerendsen Changes the Rules for Contaminated Sites
Every so often, a court decision changes the rules. Everyone interested in contaminated sites needs to understand what Berendsen v. Ontario has changed.At first glance, there is nothing unusual about the facts. Farmer buys land for dream dairy farm. The cows become sick; he loses money. He blames contamination, from waste asphalt buried on the...
Continue reading the post titled Berendsen Changes the Rules for Contaminated Sites10 Things You Need to Know About Contaminated Sites
A frightening amount of money is spent every year in litigation and other anguish over contaminated sites. In terms of harm to human health and the environment, contaminated sites are far less important than clean air, clean water, climate change and urban sprawl. But because of the regulatory structure, contaminated sites pack a huge financial...
Continue reading the post titled 10 Things You Need to Know About Contaminated SitesWindpower – a cautionary tale
As the scientific evidence of climate change becomes ever more frightening, the collapse of Skypower Wind Energy Fund LP offers a cautionary tale of the barriers faced by renewable energy. Two years ago, this partnership raised $77 million to build a 201 MW wind energy plant in Riviere-du-Loup, Quebec. It already had the land, the...
Continue reading the post titled Windpower – a cautionary taleInvasive species regulations now in force
As we reported last year, on November 3, 2015, the province passed several new pieces of environmental legislation, including the Invasive Species Act, 2015. The province has now introduced regulations under the Act to ban the import, breeding, purchase and sale of 19 invasive species. There are two categories of invasive species: prohibited and restricted....
Continue reading the post titled Invasive species regulations now in forceLandlord and other third-party consents in business transactions
When a professional practice or business is sold, whether by share sale or asset sale, consideration must be given to the issue of third-party consents. Typically, when a business enters into a third-party contract, the contract will include a provision whereby the consent of such third party must be obtained prior to the sale or transfer...
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