Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…
View the post titled Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies OptionalSydney Tar Ponds class action certified
After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified. However, the plaintiffs’ chances of ultimate success will be significantly reduced if the Smith v. Inco decision stands.
View the post titled Sydney Tar Ponds class action certifiedSmith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationUS Fracking lawsuits
Fracking lawsuits are spreading across the US. The first cases were launched in Pennsylvania in 2009, claiming damages for contamination of the aquifers on which the plaintiffs depend. Since then, other cases have been launched by dozens of property owners in Pennsylvania, Texas, Arkansas, C…
View the post titled US Fracking lawsuitsPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
View the post titled Port Colborne class action dismissedDo turbines affect property values?
The Assessment Review Board has heard an appeal from the tax assessment of a couple who say their valuation should be reduced because of a nearby wind farm. Appeal 318664 was launched by Wolfe Island residents Ed and Gail Kenney, and is opposed by the Municipal Property Assessment Corporatio…
View the post titled Do turbines affect property values?The dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
View the post titled The dirty side of "clean fill"Air pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …
View the post titled Air pollution class action against the tar sands?Limitations: why not too late to sue for contamination?
No one can count any longer on the limitation period having run for any of it.
View the post titled Limitations: why not too late to sue for contamination?Inco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…
View the post titled Inco to pay $36 million in Port Colborne class actionReceive Blog Posts
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