No appeal from Environmental Review Tribunal refusal of stay pending appeal
She ruled that the Legislature intended orderees to have no remedy if the Tribunal turns down their request for a stay pending appeal, regardless of the financial consequences and of the potential invalidity of the Order.
View the post titled No appeal from Environmental Review Tribunal refusal of stay pending appealWho pays when polluters can’t?
In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public or the immediate victims of po…
View the post titled Who pays when polluters can’t?More on that rare tree victory
Mature trees add beauty and character to any neighbourhood, while providing shade in the summer, wildlife habitat and cleaner air. As climate change makes our summers more sweltering, trees are becoming more important than ever. Considering how important trees are to our physical and mental …
View the post titled More on that rare tree victoryBill 83: Anti SLAPP law at last
Ontario is finally introducing an anti SLAPP law later today, the Public Participation Act, 2013. We worked hard to reach this result, through the Ontario Bar Association, and in cooperation with other stakeholders. Lets hope it is acceptable to the NDP and will be passed with their support.
View the post titled Bill 83: Anti SLAPP law at last$500,000 Fisheries Act fine for illegal pesticide use on salmon farm
Kelly Cove Salmon Ltd. pleaded guilty to violating the Fisheries Act. Its illegal use of a pesticide contributed to substantial lobster kills in southwestern New Brunswick. The court ordered Kelly Cove Salmon Ltd. to pay a total of $500,000, one of the largest and most significant penalties …
View the post titled $500,000 Fisheries Act fine for illegal pesticide use on salmon farmCree in court battle over environmental assessment and waterpower
The Divisional Court is grappling with a complex battle between two possibly overlapping First Nations over whether a Northern Ontario hydropower project is being lawfully evaluated under the Environmental Assessment Act and an agreement with three First Nations: Cree Nation (MoCreebec Counc…
View the post titled Cree in court battle over environmental assessment and waterpowerNorthstar former directors case continuing before Tribunal
The Ministry of the Environment’s attempt to impose unlimited personal liability on the directors of a parent company, apparently because they were directors when historic contamination was discovered and/or being cleaned up on and near the land of a subsidiary, continues in front of t…
View the post titled Northstar former directors case continuing before TribunalWill Environmental Tribunal enforce public trust in water?
Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources. Nestle Canada Inc. (“Nestle”) runs Ontario’s largest water bottling operation. They pump groundwater from two different sets of wells …
View the post titled Will Environmental Tribunal enforce public trust in water?Innocent owner Kawartha Lakes loses at Court of Appeal
The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto mun…
View the post titled Innocent owner Kawartha Lakes loses at Court of AppealChevron Ecuador case- no enforcement in Canada
The $18 billion award given in Ecuador against Chevron for environmental damage won’t be enforced by seizing Chevron Canada, according to Justice David Brown. The epic legal battle to enforce this, allegedly fraudulent, judgment has now spread around the globe. Plaintiffs brought the o…
View the post titled Chevron Ecuador case- no enforcement in CanadaReceive Blog Posts
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