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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: 27 Oct 2014 By (Dianne Saxe)

Chevron intervention: what is the “public interest”?

The Canadian Bar Association (CBA) has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court. The Ecuadorian plaintiffs in the case are seeking to enforce a $9.5 billion judgment obtained in Ecuador for te…

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Published on: 11 Aug 2014 By (Dianne Saxe)

As minimum fines get higher, is there a work-around?

As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…

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Published on: 8 Apr 2014 By (Dianne Saxe)

First “climate refugee” case going to appeal in New Zealand

On 1st May, 2014, the New Zealand Court of Appeal will hear Ioane Teitiota’s claim to become the world’s first climate refugee. Mr. Teitota is from a remote atoll in the Pacific nation of Kiribati, one of the lowest-lying nations on Earth. He is trying to convince New Zealand jud…

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Published on: 4 Feb 2014 By (Dianne Saxe)

Waste Diversion groups can sit uncomfortably with the Competition Act

The industry funding organizations used to provide, or to fund, waste diversion can have anti-competitive effects. There is a natural tendency for large companies with market power to use that power to design waste diversion programs and organizations in their own interest and to create obst…

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Published on: 29 Jan 2014 By (Dianne Saxe)

Supreme Court: Honest efforts to understand the law are not enough

The Supreme Court of Canada has made compliance with ambiguous regulations tougher than ever, by ruling that honest efforts to understand the law (however confusing) are not enough. In La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, Sovereign General (SG) wa…

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