Follow Up on Seller's Environmental Assessment Reports
Last month we blogged about a case out of Newfoundland in which a buyer’s negligence lawsuit against a seller’s environmental consultant was tossed out because the buyer had no right to rely on the environmental assessment report issued by the consultant for the seller. That arti…
View the post titled Follow Up on Seller's Environmental Assessment ReportsContracts and the doctrine of good faith – A New Era
In Bhasin v Hrynew, the Supreme Court of Canada made a significant ruling regarding the duty of good faith in contract relationships. This will provide guidance to an area of Canadian law described as “piecemeal, unsettled and unclear.”. In this article, Cole Vegso provides a brief explanati…
View the post titled Contracts and the doctrine of good faith – A New EraPollution Probe Honours Dokis First Nation Power Project
Chief Denise Restoule of the Dokis First Nation attended the 2014 Pollution Probe Gala to accept Pollution Probe’s 2014 Sustainability Award in connection with the Okikendawt Project—a 10 MW hydroelectric facility being developed by the Dokis First Nation with Hydromega Services Inc. New wat…
View the post titled Pollution Probe Honours Dokis First Nation Power ProjectRegulators 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 updateB.C. Court: No Abuse of Water Approvals for Fracking
Because fracking consumes a huge amount of water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged how the B.C. government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, freque…
View the post titled B.C. Court: No Abuse of Water Approvals for FrackingBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…
View the post titled Buyer can't rely on Seller's Environmental ReportsMore on Giant Mine remediation environmental assessment
Giant Mine remediation illustrates one of many ways that current environmental assessment processes for major projects raise public expectations that they cannot meet.
View the post titled More on Giant Mine remediation environmental assessmentAnti-Fluoride in Drinking Water: Litigation Update
Will citizen group litigation and the threat of personal liability stop fluoridation of drinking water in Ontario? In our earlier blog post, we described a threat by an advocacy group called Concerned Residents of Peel to End Water Fluoridation (Concerned Residents) against Peel municipal co…
View the post titled Anti-Fluoride in Drinking Water: Litigation UpdateGiant Mine $1B contaminated site remediation milestone
Canada’s most contaminated site, the Yellowknife Giant Mine, has reached a milestone in its $1 billion taxpayer-funded remedial plan. The dangerous and badly contaminated roaster building, which created hundreds of thousands of tonnes of highly poisonous arsenic trioxide, (enough to ki…
View the post titled Giant Mine $1B contaminated site remediation milestoneNo fault contaminated site liability in Nova Scotia
IMP Group International Inc. appealed unsuccessfully from a Nova Scotia Minister of the Environment Order to study and remediate offsite groundwater contamination that it did not cause.
View the post titled No fault contaminated site liability in Nova ScotiaReceive Blog Posts
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