What is Environmental Due Diligence?
Due diligence is an extremely important concept in environmental regulation and compliance. When properly done, it provides a defence to regulatory charges or, at least, can mitigate the amount of fines imposed. Environmental due diligence is primarily a proactive activity. It involves takin…
View the post titled What is Environmental Due Diligence?Provincial Environmental Assessments and Climate Change
As we have previously written, the federal government is currently undertaking a review of a suite of environmental regimes. This review includes both the federal environmental assessment (EA) regime and the National Energy Board (NEB), which conducts assessments of proposed pipeline project…
View the post titled Provincial Environmental Assessments and Climate ChangeThe Vexing Problem Of Limitations In Environmental Cases Rises Again
Last August, we reported on recent case law dealing with the difficult question of how to determine limitation periods in environmental claims. In the January 2017 Court of Appeal decision of Crombie Property Holdings Limited v. McColl-Frontenac Inc., the court overturned the trial court’s d…
View the post titled The Vexing Problem Of Limitations In Environmental Cases Rises AgainAccessibility Obligations for Employers with Under 50 Employees
Effective January 1, 2017 there are new accessibility standards for employers with under 50 employees. Larger non-public employers with more than 50 employees were required to implement new employment standards and communications obligations under the Accessibility for Ontarians with Disabil…
View the post titled Accessibility Obligations for Employers with Under 50 EmployeesBuilding Greener under the Ontario Building Code
Buildings are a tremendous source of greenhouse gas (“GHG”) emissions. It is estimated that buildings contribute up to one third of global GHG emissions. Environment and Climate Change Canada estimates that the buildings sector accounts for 12 per cent of Canada’s total emissions in comparis…
View the post titled Building Greener under the Ontario Building CodeEndean v British Columbia: efficient and economic access to justice for Canadian class members
In October 2016, the Supreme Court of Canada (“SCC”) released its decision in Endean v British Columbia, 2016 SCC 42, holding that superior court judges have the discretionary power to sit outside of their home jurisdictions, pursuant to section 12 of the Class Proceedings Act. Endean was a …
View the post titled Endean v British Columbia: efficient and economic access to justice for Canadian class membersCitizen Can’t Seek Damages for Alleged Breach of Charter Rights by Alberta Energy Board
A year after hearing the case, four out of nine judges of the Supreme Court of Canada have ruled in Ernst v. Alberta Energy Regulator that Ms. Ernst cannot make a claim for an alleged breach of her freedom of speech Charter rights by the Alberta Energy Regulator (“Board”). Further, the judge…
View the post titled Citizen Can’t Seek Damages for Alleged Breach of Charter Rights by Alberta Energy BoardApplication Of Biosolids On Farmland Successfully Defended
A recent decision reiterates the importance of credible expert evidence in litigation relating to contaminated property. The Plaintiff claimed that well water on her property was contaminated as a result of the application of municipal sewage (biosolids) waste to the neighbouring farmland ow…
View the post titled Application Of Biosolids On Farmland Successfully DefendedNearly $1 Million in Fines For PCB Related Offences
On December 20, 2016, the federal government obtained a fine of $975,000 for improper handling of electrical equipment containing polychlorinated biphenyls (PCBs) against a Montreal property management firm. The Montreal firm and seven associated companies pled guilty to a combined 52 charge…
View the post titled Nearly $1 Million in Fines For PCB Related Offences$2.1B Settlement in Volkswagen Diesel Emissions Class Action Announced
On December 19, 2016, a settlement agreement was announced in the class action involving Volkswagen and consumer claims related to the 2.0L diesel emissions software matter. The matter affected approximately 105,000 vehicles across Canada and generated a high level of interest when the issue…
View the post titled $2.1B Settlement in Volkswagen Diesel Emissions Class Action AnnouncedReceive Blog Posts
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