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Published on: 28 May 2013 By (Dianne Saxe)

Enforcement leads to nature reserve land swap

A cabin owner illegally built a cabin within a conservation reserve. The owner was charged. As part of plea negotiations, the cabin owner proposes a substantial land exchange with the MNR: 40 hectares of new land for the 0.13 where the cabin now stands. MNR now plans to amend the conservatio…

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Published on: 22 Jan 2013 By (Dianne Saxe)

Equivalent wetland dedication is expropriation?

The Quebec Court of Appeal will soon decide an appeal on whether applications to destroy wetlands can be required to dedicate offsetting lands to become protected areas. However, the trial decision has already been overruled by the National Assembly. In Atocas de l’érable inc. c. Québe…

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Published on: 19 Aug 2010 By (Dianne Saxe)

Conservation Authority gets injunction, wetland protected

Is there real enforcement of conservation authority regulations? Often, no, but that may be starting to change. In Lakehead Region Conservation Authority v. DeMichele, the Ontario Court of Appeal has upheld a permanent injunction preventing a developer from further dredging and filling in a …

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