Court of Appeal stays Ostrander wind approval pending appeal to protect turtles
The Ontario Court of Appeal has stayed the Ostrander Point wind approval pending an appeal by the Prince Edward County Field Naturalists. The Ostrander Point wind farm is the only one in Ontario whose Renewable Energy Approval (REA) has been overturned by the Environmental Review Tribunal. A…
View the post titled Court of Appeal stays Ostrander wind approval pending appeal to protect turtlesMOE wins: Kawartha Lakes must pay
innocent victims of contamination now have no defence against a Ministry cleanup order. They will be forced into the civil courts if they hope for any remedy
View the post titled MOE wins: Kawartha Lakes must payOCA agrees: Ministry of Everything
When fly-rock from a blasting site hits a house, is that a “discharge” of a “contaminant” that must be immediately reported to the Ministry of the Environment Spills Action Centre? Ontario’s Court of Appeal says “yes”.
View the post titled OCA agrees: Ministry of EverythingMunicipal responsibility for cycling safety
As the number of cyclists increases, what must municipalities do to keep them safe?
View the post titled Municipal responsibility for cycling safetyPunishing cost to protect natural area
How much should municipalities have to pay to preserve sensitive areas? Windsor paid so dearly in Windsor (City) v. Paciorka, 2011 ONSC 2876, that other municipalities may be loath to try. The City expropriated 267 lots to preserve an environmentally sensitive area. The developer refused the…
View the post titled Punishing cost to protect natural areaMore rulings for cyclists against municipalities
Two Quebec cases have held municipalities liable, where cyclists were injured when they lost control of their bicycles after riding over unexpected defects in the road. In Wilson Davies c. Montreal (Ville de), the cyclist was severely injured when she was thrown from her bicycle and became a…
View the post titled More rulings for cyclists against municipalitiesBanning sludge spreading?
The Québec Court of Appeal has struck down a municipal bylaw banning the spreading of sludge, on the ground that it exceeds the municipality’s jurisdiction.
View the post titled Banning sludge spreading?Self-incrimination when they make you talk
The police cannot force someone to talk and then use the answers against them; can environmental regulators do so? The courts have always allowed them to, but now the rules are changing.
View the post titled Self-incrimination when they make you talkGrassy Narrows victory and renewable energy
The Grassy Narrows First Nation has won an important legal victory, affecting Ontario lands north of the English River, the “Keewatin Lands”. After 11 years of litigation, they have succeeded in obtaining a ruling that the Ministry of Natural Resources (MNR) had no right to issue fores…
View the post titled Grassy Narrows victory and renewable energyNuisance, GHG and climate change
Today, the US Supreme Court reversed the groundbreaking decision, Connecticut v. American Power, which had allowed states, New York City and private land trusts to sue major greenhouse gas producers in nuisance, whether or not their emissions breached federal statute law.
View the post titled Nuisance, GHG and climate changeReceive Blog Posts
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