Inco awarded $1,766,000 in costs for contamination class action
Justice J. R. Henderson of the Ontario Superior Court has awarded IncoΒ $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action Β in Β Port Colborne, Ontario. This is less than a quarter of Inco’s actual legal costs, which exceededΒ $5,340,000 after certification.
Continue reading the post titled Inco awarded $1,766,000 in costs for contamination class actionCan I get a divorce during the COVID-19 pandemic?
Itβs been a long month of social distancing. I mean β wow β this is the most time I have spent with my spouse since β¦ ever! I can appreciate why many couples who were already struggling with relationship dysfunction, or were desiring a separation, may be feeling over the edge now. Of course, these...
Continue reading the post titled Can I get a divorce during the COVID-19 pandemic?The Importance of Good Lawyer Advice in Family Law
βCommon sense seems to have gone out the windowβ Β Lately there seems to be a trend in which judges have been rendering decisions where they are censoring litigants, counsel and government bodies such as Legal Aid of Ontario. In a recent decision the court found fault with the parties and Legal Aid of Ontario. In...
Continue reading the post titled The Importance of Good Lawyer Advice in Family LawWho 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 opponentsβ βevidenceβ in the courts.
Continue reading the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionWhy the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision inΒ AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can...
Continue reading the post titled Why the Supreme Court decision in AbitibiBowater won’t workWhere Can I Bring My Family Law Application?
Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario.Β For a determination of whether or not Ontario should assume jurisdiction over a case (i.e. where there is a competition over jurisdiction...
Continue reading the post titled Where Can I Bring My Family Law Application?Dust from asphalt plant triggers $81,250 penalty
Ingram Asphalt Inc. was fined $65,000 plus victim fine surcharges of $16,250Β for discharging dust and particulate adversely impacting the surrounding environment and community. The company failed to notify the ministry of the dust emissions and did not comply with conditions of a ministry order.
Continue reading the post titled Dust from asphalt plant triggers $81,250 penaltyBruce Power Receives $100,000 Penalty for Refrigerant handling Violations
Bruce Power Limited Partnership, operator of the Bruce Nuclear Power Plant, has pleaded guilty to one count of violating theΒ Canadian Environmental Protection Act, 1999Β (CEPA, 1999). It received penalties of $100,000 for failure to conduct an annual leak test of all the components of a refrigeration system, contrary to theΒ Federal Halocarbon Regulations,Β 2003 andΒ paragraph 272(1)(a) of CEPA,...
Continue reading the post titled Bruce Power Receives $100,000 Penalty for Refrigerant handling ViolationsWhat about greenhouse gas emissions – Are we going far enough?
Recently, two cases State of Netherlands v Urgenda (December 20, 2019) and Juliana v. United States (January 17, 2020) highlight the contradictory role of the courts as it relates to reductions in greenhouse gas emissions. The Urgenda decision, issued by the Supreme Court of the Netherlands, upheld lower court decisions in 2015 and 2018 that...
Continue reading the post titled What about greenhouse gas emissions – Are we going far enough?When can municipalities regulate environmental impacts?
Eleven years after the landmark Spraytech case, how far have municipalities been able to go in regulating environmental impacts of federally and provincially regulated activities? The people who must live closest to a resource or energy project often turn to their municipalities to protect them from health and environmental harm. Some municipalities have therefore adopted,...
Continue reading the post titled When can municipalities regulate environmental impacts?Receive Blog Posts
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