Buyer 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 ScotiaU.N. Climate Report: Irreversible Change Near Certain
Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen.
View the post titled U.N. Climate Report: Irreversible Change Near CertainContaminated sites change in Provincial Policy Statement
The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and “provides clear policy direction on land use planning to …
View the post titled Contaminated sites change in Provincial Policy StatementJian Ghomeshi Case Involves a Complicated Interaction of Labour and Employment Law Principles
The recent termination of Jian Ghomeshi’s employment by the Canadian Broadcasting Corporation (the “CBC”) from popular radio program “Q” has raised a number of important moral questions about the allegations against the former host. However, the situation also raises fundamental legal questi…
View the post titled Jian Ghomeshi Case Involves a Complicated Interaction of Labour and Employment Law PrinciplesEnvironmental orders: no stay pending appeal
Is the "public interest" in getting environmental work done immediately more important than whether there is a sound legal basis for making a particular person pay for it?
View the post titled Environmental orders: no stay pending appealChevron intervention: what is the “public interest”?
The Canadian Bar Association (CBA) has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court. The Ecuadorian plaintiffs in the case are seeking to enforce a $9.5 billion judgment obtained in Ecuador for te…
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