Ecojustice victory for endangered species
Why doesn’t the federal government protect endangered species without Ecojustice* taking them to court? In December 2010, Ecojustice won their lawsuit against the federal Minister of Fisheries and Oceans for failing to protect killer whale habitat in B.C. In its plan to protect the w…
View the post titled Ecojustice victory for endangered speciesSydney Tar Ponds class action certified
After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified. However, the plaintiffs’ chances of ultimate success will be significantly reduced if the Smith v. Inco decision stands.
View the post titled Sydney Tar Ponds class action certifiedWill the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?
View the post titled Will the SCC grant leave in Smith v Inco?Class actions for historic contamination
Class actions for historic contamination: Sydney Tar Ponds and Smith v. Inco The class action by neighbours of the notorious tar ponds in Sydney, Nova Scotia, is going ahead, although neighbours of Inco’s Port Colborne plant have lost theirs.
View the post titled Class actions for historic contaminationRoundup on "Roundup"
Dianne is quoted in this week’s Lawyers Weekly about the hard-won “special review” of glyphosate, a weed-control product that contains the pesticide polyoxyethylene tallow amines, and is also known as Roundup. The case is: Wier v. Canada (Minister of Health), [2011] F.C.J. No. 1583. T…
View the post titled Roundup on "Roundup"In depth analysis of Heyes v BC
We’ve twice mentioned the BC case, refusing to compensate business owners severely impacted during subway construction: Susan Heyes Inc. v. South Coast BC Transportation Authority. See April and March, 2011. The Supreme Court refused leave to appeal on October 20, 2011. The current iss…
View the post titled In depth analysis of Heyes v BCMore rulings for cyclists against municipalities
Two Quebec cases have held municipalities liable, where cyclists were injured when they lost control of their bicycles after riding over unexpected defects in the road. In Wilson Davies c. Montreal (Ville de), the cyclist was severely injured when she was thrown from her bicycle and became a…
View the post titled More rulings for cyclists against municipalitiesSmith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationPollution, hot spots and environmental justice
Is it acceptable for legal pollution levels to be higher in some neighbourhoods than in others? In the US, pollution is often concentrated in areas of colour, including the famous Cancer Alley. Changing this is called “environmental justice”, and is an important priority for US EPA Administ…
View the post titled Pollution, hot spots and environmental justiceOrgaworld wins organic waste odour appeal
Orgaworld Canada, a composting company, has won a hard-fought appeal for permission to compost disputed wastes at its Ottawa facility, despite MOE fears about potential odours. The disputed wastes include pet faeces, urine, and organic waste in plastic bags. In rejecting the Ministry of the …
View the post titled Orgaworld wins organic waste odour appealReceive Blog Posts
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