Public risk, private profits – why cap liability?
Humans are not perfect. Engineering, while amazing, is not perfect. Accidents ( including spills) will happen. What should environmental law, and lawyers, do about it?
View the post titled Public risk, private profits – why cap liability?Transocean seeks to cap liability for Gulf spill
One of the biggest ways that our legal system contributes to enormous, high-risk accidents, is to allow those responsible to limit their financial liability. This allows them to raise money from investors, and obtain insurance, for high-risk activities that the government wishes to support.…
View the post titled Transocean seeks to cap liability for Gulf spillNot every spill is an offence
It’s encouraging to see the courts rejecting prosecutions for minor, low fault spills that are quickly and professionally managed.
View the post titled Not every spill is an offenceEnvironmental penalties gaining steam
Ontario’s environmental penalties regime for spills is gathering steam. The final count for 2009 was 13 penalties totalling $112,143.20, most under the Environmental Protection Act. The highest penalty was $23,750. Thirteen more penalties have already been issued in the first four months of …
View the post titled Environmental penalties gaining steamKyoto Protocol Implementation decision tomorrow
On March 25, the Supreme Court of Canada will decide Friends of the Earth’s application for leave to appeal. In 2006, FOE asked the Federal Court of Canada to order the Harper government to comply with a valid Canadian statute on managing climate change, the Kyoto Protocol Implementati…
View the post titled Kyoto Protocol Implementation decision tomorrowClimate change, KPIA and the rule of law
When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.
View the post titled Climate change, KPIA and the rule of lawMore Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…
View the post titled More Olympic nuisance lawsuitsWhy do new fuel tanks leak?
New fuel tanks leak because our safety standards are too lax, according to the Ontario Superior Court of Justice. In Muskoka Fuels v Hassan Steel Fabricators, the plaintiff petroleum distributor purchased a fuel tank manufactured by Hassan. Diesel oil leaked from the tank into a bog less th…
View the post titled Why do new fuel tanks leak?Environmental insurance getting cheaper?
Last week, insurance representatives told the Ontario Bar Association that environmental cleanup insurance has become much less expensive, perhaps 1 cent per square foot per year for large property portfolios. The available coverages have also expanded. This is good news. Environmental insur…
View the post titled Environmental insurance getting cheaper?Making parent companies pay: a sting in the tail of approval reform
This should add some surprising complications to a wide variety of transactions.
View the post titled Making parent companies pay: a sting in the tail of approval reformReceive 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.