Kyoto Protocol Implementation decision tomorrow
On March 25, the Supreme Court of Canada will decide Friends of the Earth’s application for leave to appeal. In 2006, FOE asked the Federal Court of Canada to order the Harper government to comply with a valid Canadian statute on managing climate change, the Kyoto Protocol Implementati…
View the post titled Kyoto Protocol Implementation decision tomorrowDoes law have to be so dysfunctional?
It's a debate worth having - have we allowed the role of litigation and courts to expand too much, in environmental and other fields? And if so, what should we do about it?
View the post titled Does law have to be so dysfunctional?Designing a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:
View the post titled Designing a holdback clauseClimate change, KPIA and the rule of law
When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.
View the post titled Climate change, KPIA and the rule of lawMore Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…
View the post titled More Olympic nuisance lawsuitsWhy do new fuel tanks leak?
New fuel tanks leak because our safety standards are too lax, according to the Ontario Superior Court of Justice. In Muskoka Fuels v Hassan Steel Fabricators, the plaintiff petroleum distributor purchased a fuel tank manufactured by Hassan. Diesel oil leaked from the tank into a bog less th…
View the post titled Why do new fuel tanks leak?Expert witnesses: preparation
How do lawyers use Expert Witnesses in Environmental Litigation? Here’s an outline from one of Dianne’s seminars:
View the post titled Expert witnesses: preparationFinancial assurance: what counts?
Detox appealed the Ministry demand for $100,000 in financial assurance for transportation accidents relating to PCBs. As Detox pointed out, it holds $5 million of vehicle insurance, to cover precisely the same sort of accidents, and the MOE's amount, $100,000, was almost certainly inadequ…
View the post titled Financial assurance: what counts?Olympic overhang- transit class action
Governments across the country have already passed laws blocking lawsuits in nuisance against municipalities for sewer and water overflows; it is time to expand those laws to cover the construction of transit.
View the post titled Olympic overhang- transit class actionNoisy nosy neighbours
Mr. and Mrs. Monroe were forbidden to operate their air conditioner if it causes sound beyond 55 dB from 7 AM to 10 PM, and 45 dB overnight, measured anywhere along the property boundary.
View the post titled Noisy nosy neighboursReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.