Alberta Court of Appeal Upholds Termination of Employee for Cocaine Use That Resulted in Workplace Accident
As most employers know, the Ontario Human Rights Code (the “Code”) prohibits discrimination on the basis of, among other things, “disability”. While the Code’s definition of disability does not specifically include drug or alcohol addiction, the Ontario Court of Appeal confirmed over 16 years ago that drug or alcohol dependency would, or could, amount to...
Continue reading the post titled Alberta Court of Appeal Upholds Termination of Employee for Cocaine Use That Resulted in Workplace AccidentHelping out in the Gambia
Our associate, Meredith James, recently returned from some pro bono guest lectures at the University of the Gambia’s Faculty of Law. She spoke to the first year torts class about environmental torts and how they might be used in local scenarios. For example, open burning of waste is a common site both in residential areas and in...
Continue reading the post titled Helping out in the GambiaApprovals reform making progress
What are Ontario’s biggest obstacles to job creation? According to employers contacting the Ministry of Economic Development and Innovation, the Ministry of the Environment is usually on their top 5 list. And approvals problems (including delay) are high among them. Approvals reform is just starting to help, though only for routine, low risk activities.
Continue reading the post titled Approvals reform making progressShooting the messenger- National Roundtable on Environment and Economy
The National Roundtable on the Environment and the Economy (NRTEE) was created 25 years ago to advise the Canadian government how to achieve a sustainable economy. It operated as an arm’s length policy advisory agency with multi-stakeholder, cross Canada representation. The NRTEE took its job seriously, and its reports, especially on climate change, repeatedly embarrassed...
Continue reading the post titled Shooting the messenger- National Roundtable on Environment and EconomyWho has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.
Continue reading the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionLandfill gas electricity may be eligible for permit by rule in Ontario
The Ontario Ministry of the Environment is seeking public comment on a proposed regulation to allow landfill gas power generating facilities to register in the Environmental Activity and Sector Registry (EASR). The Registry is a much easier, quicker way to get environmental permission to build and operate a project, in comparison to the often slow,...
Continue reading the post titled Landfill gas electricity may be eligible for permit by rule in OntarioSupreme Court upholds Castonguay: "When in doubt, report"
The Supreme Court of Canada has rejected Castonguay’s appeal of its conviction for failing to report, to the Ontario Ministry of the Environment, a fly rock incident during road construction. They were fined $25,000 plus the 25% victim fine surcharge. This decision greatly expands the types of incidents that must now be reported to environmental...
Continue reading the post titled Supreme Court upholds Castonguay: "When in doubt, report"Environmental consultant’s negligence claim to proceed
Environmental consultant’s negligence claims for failing to clean up contaminated sites continue to multiply. The Ontario Superior Court recently allowed a professional negligence lawsuit to go ahead against an Ontario environmental consultant, XCG, despite a long delay, which, according to XCG, was causing it unfair prejudice. In 3 Dogs Real Estate Corporation v. XCG Consultants Limited, 2014...
Continue reading the post titled Environmental consultant’s negligence claim to proceedSecond shoe falls: flyrock discharge after Castonguay
If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?
Continue reading the post titled Second shoe falls: flyrock discharge after CastonguaySupreme Court of Canada gives Chevron permission to appeal Ecuador pollution decision
The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud. Our Supreme Court will now decide whether the Ecuador award against Chevron...
Continue reading the post titled Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decisionReceive Blog Posts
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