When should I sue in Small Claims Court?
What is Small Claims Court? Small Claims Court is a branch of the Ontario Superior Court of Justice. It was designed to provide an efficient and cost-effective forum for Plaintiffs to bring or defend claims that are worth $35,000 or less. When suing in Small Claims Court, you can sue for mon…
View the post titled When should I sue in Small Claims Court?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 OptionalFisheries Act private prosecution goes ahead
As we wrote earlier, in December 2014 Marilyn Burgoon received approval to bring a private prosecution against Executive Flight Centre Fuel Services and the Province of British Columbia for violations of the Fisheries Act related to a large fuel spill into a sensitive creek. The province too…
View the post titled Fisheries Act private prosecution goes aheadOslo Principles on Climate Change: Governments are Breaching Legal Duties
A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing …
View the post titled Oslo Principles on Climate Change: Governments are Breaching Legal DutiesAnother 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.
View the post titled Another court refuses to impose minimum environmental finesYes, Ontario lawyers can talk to their experts
Lawyers must work with experts to focus and clearly express their opinion testimony. The lawyer cannot tell the expert what to say, but must ensure that the export report addresses the relevant questions in a clear and comprehensible way that will assist the judge to decide the lawsuit.
View the post titled Yes, Ontario lawyers can talk to their expertsSupreme Court hears Chevron Ecuador pollution appeal
Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lus…
View the post titled Supreme Court hears Chevron Ecuador pollution appealSydney 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
View the post titled Sydney Tar Ponds Environmental Class Action is overLess environmental enforcement = more private prosecutions?
When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojus…
View the post titled Less environmental enforcement = more private prosecutions?Divisional Court rejects anti-wind constitutional claim
Special Environmental Protection Act rules for approval of renewable energy projects, including wind farms, do not contravene the Canadian Charter of Rights and Freedoms
View the post titled Divisional Court rejects anti-wind constitutional claimReceive Blog Posts
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