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Published on: 17 Jul 2013 By (Dianne Saxe)

Municipality can’t bring Charter challenge to wind approval rules

The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules. Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. In Municipality of North Middlesex v. Direc…

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Published on: 3 Dec 2012 By (Dianne Saxe)

Combined sewer overflows into Great Lakes going down

This month’s issue of Water Canada has some good news about what has been done to cut the flow of untreated sewage into the Great Lakes over the last 40 years. “Curbing the Flow” chronicles the steps that have been taken to slash raw and combined sewer overflows in four Can…

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Published on: 27 Nov 2012 By (Dianne Saxe)

Town liable for negligence re developer's storm sewer

Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such…

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Published on: 17 Oct 2012 By (Dianne Saxe)

Environmental regulation: Municipalities v province, province v. federal government

What happens when municipal bylaws try to control energy or resource projects authorized by the federal or provincial governments? (They have some scope). How far will the Spraytech precedent take them? Can corporations use federal insolvency laws to cleanse themselves of irksome environment…

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Published on: 6 Dec 2011 By (Dianne Saxe)

New federal wastewater regulations a challenge for municipalities

Dianne spoke last month at the annual Canadian Water and Wastewater Association “Window on Ottawa”, on potential risks to municipalities of the new Wastewater Systems Effluent Regulations under the Fisheries Act, expected to appear shortly in the Canada Gazette. Bottom line, the …

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