Liability for recreational trails
In our December article for Municipal World, we wrote about municipal liability to cyclists for failing to maintain roads in a proper state of repair. Municipalities could similarly find themselves liable as the occupiers of recreational path systems, if the trails are not adequately maintained.
View the post titled Liability for recreational trailsSmith v. Inco: leave to appeal refused
The Supreme Court of Canada has refused Ellen Smith leave to appeal from the crushing dismissal of her class action against Inco. No reasons were given. Her lawyers now face a difficult hearing to determine how large a cheque they will have to write to Inco to pay for its legal costs, at tri…
View the post titled Smith v. Inco: leave to appeal refusedSaxe Law Office a proud supporter of the first Twitter Moot
In February, West Coast Environmental Law organized the world’s first Twitter moot. As sponsor of Osgoode’s winning team, we are pleased to say it was a resounding success! At one point more people were discussing the Twitter Moot than any other issue in Canada (it was the “trending to…
View the post titled Saxe Law Office a proud supporter of the first Twitter MootCreditor or regulator? Nortel, the MOE and environment v insolvency
If there are continuing operations, there has to be ongoing compliance with environmental legislation. But if there are no ongoing operations, the environmental regulator has to rely on its security, failing which it has unsecured status.
View the post titled Creditor or regulator? Nortel, the MOE and environment v insolvencyWill the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?
View the post titled Will the SCC grant leave in Smith v Inco?Environmental Assessment: Foreigners keep out?
According to Natural Resources Minister Joe Oliver, “Anyone looking at the record of approvals for certain major projects across Canada cannot help but come to the conclusion that many of these projects have been delayed too long. In many cases, these projects would create thousands upon th…
View the post titled Environmental Assessment: Foreigners keep out?Nuisance, GHG and climate change
Today, the US Supreme Court reversed the groundbreaking decision, Connecticut v. American Power, which had allowed states, New York City and private land trusts to sue major greenhouse gas producers in nuisance, whether or not their emissions breached federal statute law.
View the post titled Nuisance, GHG and climate changeEnvironmental Assessment not statutory authority?
An environmental assessment, no matter how “extensive and wide ranging”, does not amount to statutory authority, or provide a defence in nuisance, according to the British Columbia Court of Appeal in Appeal in Heyes v. Vancouver, now Susan Heyes Inc. (Hazel & Co.) v. South C…
View the post titled Environmental Assessment not statutory authority?Environmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
View the post titled Environmental moot courtWhy is FOI so hard?
In 2009, of the 10,240 general information requests received by provincial government organizations, the Ministry of the Environment received 4944, the most of any provincial institution.
View the post titled Why is FOI so hard?Receive Blog Posts
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