My neighbour cut down my tree: can I sue?
My neighbour came onto my property and cut down my tree. Can I sue?
View the post titled My neighbour cut down my tree: can I sue?Infrastructure P3 builders liable for nuisance
Similar facts could easily arise on many other infrastructure projects across Canada; there is almost always a more expensive alternative that would reduce disruption for nearby residents and businesses. And governments rarely select that alternative.
View the post titled Infrastructure P3 builders liable for nuisanceNot every spill is an offence
The Ontario Court of Justice has acquitted a company that spilled caustic soda on a road, on the grounds that the spill did not cause an adverse effect.
View the post titled Not every spill is an offenceCourts get tougher on partisan experts
The court refused to accept him as an expert. There was no doubt that he had genuine accounting expertise, but he lacked the critical element of impartiality.
View the post titled Courts get tougher on partisan expertsMunicipalities recovering spill costs
In 2005, the Environmental Protection Act was amended to allow municipalities a new mechanism to recover the costs of cleaning up spills. s.100.1 allows municipalities to cleanup spills caused by private parties, and to issue orders to recover the costs. This has also allowed the MOE to down…
View the post titled Municipalities recovering spill costsApproval process a "vortex of misery"
Debly sued the Ministry of the Environment for $2,322,907.91, for regulatory negligence, negligent investigation, and misrepresentation.
Anyone who has languished in "Approvals hell" may feel a glimmer of sympathy for the Debly family.
Conservation easement upheld
Gottsegen bought waterfront property, subject to a conservation easement to protect a 3 m wooded area at the water's edge. The easement had a built-in penalty for breach, of $100 per day. Gottsegen cut many of the trees and built a retaining wall; the neighbourhood Association sued.
View the post titled Conservation easement upheldFederal court orders mining disclosure
Two environmental groups have won a great victory over Environment Canada and the mining industry, which must immediately begin collecting and reporting information on pollutants in mine tailings and waste rock.
View the post titled Federal court orders mining disclosurePreparing to be an expert witness
Experts need formal training on how to interact with the justice system.
View the post titled Preparing to be an expert witnessQuébec activist wins pollution battle against City
Environmentalist Guy Drouin has won a long and lonely battle against sewage pollution by the City of Sainte-Agathe-des-Monts.
View the post titled Québec activist wins pollution battle against CityReceive Blog Posts
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