Another court refuses to impose minimum environmental fines
I’m glad to see the courts making more use of s. 59(2) to offset the unreasonable harshness that the minimum environmental fine regime can create.
Continue reading the post titled Another court refuses to impose minimum environmental finesSydney Tar Ponds Environmental Class Action is over
The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works
Continue reading the post titled Sydney Tar Ponds Environmental Class Action is overBottled 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 continueQuick Overview of Canadian Environmental Law
Please checkout our new page, with its quick summary of Canadian environmental in an easy-to-read, question and answer format. It starts: Legislation 1 Main environmental regulations What are the main statutes and regulations relating to the environment? Under Canada’s constitution, environmental regulation is shared between the federal government and the 10 provinces / 3 territories,...
Continue reading the post titled Quick Overview of Canadian Environmental LawDespite Legal Challenge, Tidal Power A Reality In Nova Scotia … For Now
North America’s first tidal turbine was recently connected to the power grid in Nova Scotia. The turbine being tested as part of a proposed project that would eventually see turbines installed in the Bay of Fundy now provides tidal-powered energy to 500 homes in the province. As part of the test, a second turbine is...
Continue reading the post titled Despite Legal Challenge, Tidal Power A Reality In Nova Scotia … For NowThe Problem of Too Much Soil and Dirty Fill
At the end of December, 2016, the Ministry of Environment and Climate Change (“MOECC”) in Ontario released its Excess Soil Policy Framework. The problem of excess soil is not a small one, and it has been gaining more attention, particularly as big cities seek to intensify, creating vast quantities of “fill” that then has to...
Continue reading the post titled The Problem of Too Much Soil and Dirty FillCompensation for buyers of already contaminated sites?
When contamination flows offsite, can a subsequent purchaser of the downgradient parcel successfully sue the upgradient polluter? Most caselaw suggests that the buyer is out of luck. Caveat emptor, let the buyer beware, is still a fundamental principle of real estate law. The buyer who asks no questions can have nasty post-closing surprises. Depending on...
Continue reading the post titled Compensation for buyers of already contaminated sites?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 taleIs it Enough to Meet MOE Standards?
Two Ontario cases in the last year decided that it’s not enough to meet MOE standards. One is Berendsen v. the Queen (see February 1). The other is Dawber v. Director, Ministry of the Environment. In Dawber, Lafarge obtained MOE approval to burn waste tires as fuel in its cement kiln. Lafarge proved that the...
Continue reading the post titled Is it Enough to Meet MOE Standards?Quick approvals for green energy projects
Ontario has decided that it is more important to get green projects built than it is to have better environmental assessments of them.
Continue reading the post titled Quick approvals for green energy projectsReceive Blog Posts
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