Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval
On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…
View the post titled Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…
View the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersShould non-human animals have rights?
Who is a “person”? If corporations can be “persons”, why not chimpanzees? Do sentient non-human animals deserve legal rights? The Nonhuman Rights Project is a US civil rights organization working to achieve actual LEGAL rights for members of species other than our own…
View the post titled Should non-human animals have rights?Purchaser of contaminated site loses case against own lawyer
Mr. Yang was satisfied with the extent of his knowledge about the environmental condition of the property, and, notwithstanding the advice of his counsel, was unwilling to conduct any further investigations
View the post titled Purchaser of contaminated site loses case against own lawyerAnti-fracking and Great Lakes Bills to Committee
The Ontario Legislature rose for the summer on June 4, with two environmental proposed environmental laws having received second reading, but awaiting Committee review and public hearings. The third environmental law, Bill 52, Protection of Public Participation Act, 2015 (anti-SLAPP) has bee…
View the post titled Anti-fracking and Great Lakes Bills to CommitteeEndangered Species exemptions survive court challenge
Sweeping exemptions from Ontario’s protection for endangered species have been upheld by the Divisional Court, despite concerns that they reduce the effectiveness of the Endangered Species Act, 2007. In Wildlands League v. Lieutenant Governor in Council, 2015 ONSC 2942, Ecojustice, the…
View the post titled Endangered Species exemptions survive court challengeOslo 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 DutiesMy first trial, still good law 30 years later
The first decade of Dianne Saxe’s professional life was devoted to energy/transportation policy and regulation, not litigation. So this week is the thirtieth anniversary of her first litigation victory: Public Trustee v. Mortimer et al. At the time, I represented the office of the Publ…
View the post titled My first trial, still good law 30 years laterPublic participation restrictions do not violate Charter
Can the federal government successfully muzzle (non-aboriginal) opponents to major energy and resource projects? So far, yes.
View the post titled Public participation restrictions do not violate CharterYes, 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 expertsReceive Blog Posts
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