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Published on: 3 Nov 2014 By (Dianne Saxe)

Contaminated sites change in Provincial Policy Statement

The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and “provides clear policy direction on land use planning to …

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Published on: 30 Jul 2014 By (Dianne Saxe)

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,  accord…

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Published on: 17 Apr 2014 By

Supreme 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 …

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Published on: 29 Oct 2013 By (Dianne Saxe)

Baker (Northstar Directors') liability appeal has settled

Ten corporate officers and directors have paid $4.75 million to be released from the Northstar Canada cleanup order, even though the Ministry of the Environment admits that none of them were at fault for causing the contamination.  Some were not even on the Northstar Canada board. The Enviro…

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Published on: 25 Apr 2013 By (Dianne Saxe)

Why the Supreme Court decision in AbitibiBowater won’t work

We have written several times about the Supreme Court of Canada’s decision in 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…

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