Windpower – 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 taleBerendsen 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 SitesConservation 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 upheldCarbon offsets and ISO 14064
Canada played a key role in developing the voluntary international standards for quantifying greenhouse gas reductions, ISO-14064 and 14065. After all that hard work, it’s wonderful to see a Canadian government taking them seriously. Both standards are key features of British Columbia’s
Continue reading the post titled Carbon offsets and ISO 14064Buyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.
Continue reading the post titled Buyer can’t expect compensation for pre-existing contaminationOntario 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, 2007Do I Have to Collect HST if I am Just Selling my Vacant Land?
Determining whether or not you have to pay Harmonized Sales Tax (“HST”) during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale of a vacant lot carries with it its own problems. When Do you Have to Pay...
Continue reading the post titled Do I Have to Collect HST if I am Just Selling my Vacant Land?Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order
A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an Environmental Protection Act (“EPA”), Section 18 Order. Section 18 of...
Continue reading the post titled Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s OrderOntario court: purchaser in asset transaction cannot rely on release between employee and seller
“Privity of contract” is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights or obligations. But what happens when the employee of the seller of a business sues the buyer for wrongful dismissal after settling all employment-related claims...
Continue reading the post titled Ontario court: purchaser in asset transaction cannot rely on release between employee and sellerCap-and-Trade
On October 11, 2019, the Ontario Superior Court of Justice, Divisional Court, confirmed that the repeal of the cap-and-trade system in Ontario absent engaging in public consultation was unlawful. The Ontario Divisional Court concluded that the Ontario government was “obliged” under the Environmental Bill of Rights to engage in public consultation prior to terminating the...
Continue reading the post titled Cap-and-TradeReceive Blog Posts
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