Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…
View the post titled Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies OptionalDivisional Court Refuses to Award Costs in Judicial Review of the White Pines Wind Project
The Honourable Marc Labrosse of the Divisional Court recently refused both moving parties’ demands for costs in the latest iteration of CCSAGE Naturally Green’s (“CCSAGE”) judicial review challenging various administrative decisions relating to the White Pines Wind Project. Labrosse J’s cost…
View the post titled Divisional Court Refuses to Award Costs in Judicial Review of the White Pines Wind ProjectPriestly Demolition fined $70,000 for Spill and Failure to Report
The defendant, Priestly Demolition Inc. caused chlorine gas to be discharged into the environment when an employee operating a magnetic grapple attempted to move old pressurized gas cylinders. During the move, a valve snapped releasing the gas. The employee experienced a burning sensation an…
View the post titled Priestly Demolition fined $70,000 for Spill and Failure to ReportShell fined $500,000, pays $200,000 to First Nation following 2013 spill
In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effec…
View the post titled Shell fined $500,000, pays $200,000 to First Nation following 2013 spillThe (Contaminated) Ground Beneath our Feet
The extent and nature of contaminated land in Canada — the toxic legacy of our collective history of poor environmental stewardship, including through weak environmental regulation — continues to invade the headlines. A few weeks ago, a CBC/Radio-Canada report revealed that dozen…
View the post titled The (Contaminated) Ground Beneath our FeetBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…
View the post titled Buyer can't rely on Seller's Environmental ReportsGiant Mine $1B contaminated site remediation milestone
Canada’s most contaminated site, the Yellowknife Giant Mine, has reached a milestone in its $1 billion taxpayer-funded remedial plan. The dangerous and badly contaminated roaster building, which created hundreds of thousands of tonnes of highly poisonous arsenic trioxide, (enough to ki…
View the post titled Giant Mine $1B contaminated site remediation milestoneContaminated 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 …
View the post titled Contaminated sites change in Provincial Policy StatementMillions for offsite gasoline contamination
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site gr…
View the post titled Millions for offsite gasoline contaminationAlberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissed
Canadian Pacific Railway (CPR) operated a train repair facility, known as the Ogden shops, since the early 1900s in a heavily industrialized area outside Calgary. Over the years, a residential area grew up around the shops. TCE was used as a degreaser in the shops from the mid-1950s to the m…
View the post titled Alberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissedReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.