Oslo Principles on Climate Change: Governments are Breaching Legal Duties
A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing …
View the post titled Oslo Principles on Climate Change: Governments are Breaching Legal DutiesRegulators of fracking negligent? Case update
Protecting administrative tribunals and their members from liability for negligence in regulating fracking held to be constitutionally legitimate
View the post titled Regulators of fracking negligent? Case updateHerbicide Spray Drift a “Normal” Farm Practice?
Organic farmers in Nova Scotia filed a lawsuit against a neighbouring farm for damages allegedly caused by a herbicide which drifted onto their property. In particular, the plaintiffs claimed that the herbicide caused damage to their crops, the miscarriage of four horses, and personal injury…
View the post titled Herbicide Spray Drift a “Normal” Farm Practice?Regulators of fracking negligent? Alberta case cut down
Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property …
View the post titled Regulators of fracking negligent? Alberta case cut downEnviro West v Copper Mountain, everyone is liable
A long running lawsuit over liability for PCB wastes may finally be over. In Enviro West Inc v. Copper Mountain Mining Corp. a waste hauler, Enviro West, unknowingly picked up waste oil highly contaminated with PCBs and mixed it with uncontaminated oil, resulting in substantial damages. At …
View the post titled Enviro West v Copper Mountain, everyone is liableScience, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…
View the post titled Science, proof and causation: when courts and scientists disagreeLiability 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 trailsMine or hauler: Who's responsible for Waste PCB Oil?
In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn’t realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with ot…
View the post titled Mine or hauler: Who's responsible for Waste PCB Oil?Sydney 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 certifiedWill 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?Receive 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.