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Published on: 15 Nov 2018 By

Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”…

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Published on: 12 Nov 2018 By

Federal Environmental Assessment and Land Use Planning: Interjurisdictional Issues

The Ontario Superior Court of Justice has released a decision which demonstrate that the relationship between environmental assessments and land use planning remains as complex as ever, especially when interjurisdictional issues are involved. The October 29, 2018 decision in Halton v. CNR, 2…

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Published on: 9 Nov 2018 By

Everything is electronic: Implementing electronic delivery of franchise disclosure documents and electronic execution of documents

Everything is electronic. It certainly feels that way. Even in areas that are slow to adopt change, digital is taking over. While many franchise systems are on the cutting edge of technology in their offerings and their methods of conducting business with clients, the processes of selling fr…

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Published on: 8 Nov 2018 By

Canada and China Sign Memorandum of Understanding Regarding Climate Change Cooperation

On November 1, 2018, at the United Nations Ministerial Dialogue on the Environment and the Ministerial Dialogue on Climate Change, Minister of Environment and Climate Change, Catherine McKenna, and the Minister of Ecology and Environment of the People’s Republic of China, Li Ganjie, signed a…

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Published on: 5 Nov 2018 By

The Rise of Citizen Lawsuits for Environmental Change

Urgenda Foundation v Kingdom of the Netherlands Recently, on October 9, 2018, The Hague Court of Appeal made an unprecedented ruling in finding that the preservation of a stable climate system is a fundamental human right and ordered the Dutch government to meet its commitment of reducing it…

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Published on: 19 Oct 2018 By

Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land

The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the “Contaminated Property”). CN Railway Company v…

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Published on: 18 Oct 2018 By

Examining Shared Environmental Interests with the Michigan State Bar Webcast

On November 12th, members of State Bar of Michigan and the Ontario Bar Association come together to discuss environmental law topics relevant to lawyers on both sides of the border. Moderated by Siskinds LLP partner Paula Lombardi, speakers will discuss the impact of the deep geological repo…

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