Boundary trees: sometimes good fences don’t make good neighbours
The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. Earlier this year, the Ontario Superior Court of Justice was again asked to untangle a boundary tree-related dispute between two Toronto n…
View the post titled Boundary trees: sometimes good fences don’t make good neighboursWaste manifests v TDGR: when fed/ prov rules conflict
New Transportation of Dangerous Goods Regulation (TDGR) requirements are no longer quite consistent with the federal/provincial waste manifest form. This is challenging for shippers and waste managers. One problem is the change in sequence of required items. TDGR s. 3.5 requires the sequence…
View the post titled Waste manifests v TDGR: when fed/ prov rules conflictObama’s Clean Power Plan: “There is such a thing as being too late”
In a passionate announcement on Monday, President Barack Obama unveiled the United States’ plan for doing its part to combat climate change: the Clean Power Plan (the “Plan”). The Plan sets out to reduce greenhouse gas (“GHG”) emissions from power stations, which comprise the single largest …
View the post titled Obama’s Clean Power Plan: “There is such a thing as being too late”Records of Site Condition – common problems
Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. The Ministry of Environment and Climate Change…
View the post titled Records of Site Condition – common problemsChanges to the Employment Standards Act, 2000
New ESA Poster Requirement The Ministry of Labour has released a new version (6.0) of its Employment Standards Poster, Employment Standards in Ontario. Posting The new version of the poster must be posted in each of an employer’s workplaces in a location where it is likely to come to the att…
View the post titled Changes to the Employment Standards Act, 2000Citizens have some success against quarry, but…
Citizens Against Melrose Quarry must feel a bit like Groundhog Day all over again. They won, sort of, but are now back at the beginning again. The quarry owner may feel the same way. The citizens’ group is a not-for-profit group incorporated in 2013 and consisting mainly of local resid…
View the post titled Citizens have some success against quarry, but…Better tank standards for diesel, heating fuel and kerosene
The Ontario Technical Standards and Safety Authority (TSSA) is proposing to update the safety requirements governing the storage, handling, and utilization of fuel oil, diesel and kerosene. Leaks and spills of petroleum products continue to be major sources of environmental contamination. Th…
View the post titled Better tank standards for diesel, heating fuel and keroseneA Short History of Wind Litigation in Ontario
Dianne Saxe delivered a presentation to the American Bar Association on July 22, providing a comprehensive overview of wind litigation in Ontario since the Green Energy Act came into effect. She traced a number of trends in the types of wind cases that are being brought before the Environmen…
View the post titled A Short History of Wind Litigation in OntarioDoes “I Quit” Really Mean “I Quit”?
Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), th…
View the post titled Does “I Quit” Really Mean “I Quit”?Recent Decision Affirms Precautionary Principle
In May of this year, the Federal Court released a decision that affirms the importance of the precautionary principle in the management of fisheries. The decision (Morton v Canada (Fisheries and Oceans), 2015 FC 575) comes as a result of a challenge, launched by lawyers at Ecojustice on beha…
View the post titled Recent Decision Affirms Precautionary PrincipleReceive Blog Posts
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