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Published on: 23 Aug 2010 By (Dianne Saxe)

What do we owe our neighbours?

Property owners must not worsen problems faced by their neighbours. In Donley Investments Ltd. v. Canril Corp., Canril owned a vacant commercial property at 90 George Street in Ottawa, one inch west of the Donley building. The Donley basement began flooding in February 2003, after a broken City water main flooded the Canril building. No...

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Published on: 11 Jan 2011 By (Dianne Saxe)

Who pays for basement flooding?

It will likely be increasingly difficult for  home and business owners to find anyone willing to pay for basement flooding. According to the insurers’ Institute for Catastrophic Loss Reduction, “basement flooding is one of the biggest challenges facing homeowners, municipal governments and personal property insurers across the country.” Municipalities across Canada have substantial protection against civil...

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Published on: 29 Apr 2011 By (Dianne Saxe)

Mumbling about climate change

As you’ve probably noticed, no one is talking about climate change in the federal election. The Ontario government is keeping the issue pretty low key too. They quietly released both their annual GHG mitigation report as well as its climate change adaptation plan and strategy with no fanfare last Thursday (just prior to the Easter...

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Published on: 21 Nov 2011 By (Dianne Saxe)

Thinking about the Occupy question

I agree that municipalities should be permitted to enforce their “no camping” bylaws in city parks. But I also agree with the Occupiers that undue social inequalities are harmful, for the environment and for society as a whole. Richard Wilkinson has done some excellent research on the social effects of inequality.

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Published on: 7 Jan 2011 By (Dianne Saxe)

Congratulations to Peter Kent

We want to send our congratulations, best wishes and some sympathy to the Hon. Peter Kent, Canada’s new Minister of the Environment.  We do agree with Jeffrey Simpson: Minister Kent has an extremely difficult job, given his leader’s staunch opposition to effective action on the major environmental issues of our day.  Perhaps it is just...

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Published on: 21 Jul 2011 By (Dianne Saxe)

Guidance for Environmental Site Assessments

Now that Reg. 153/04 sets strict new standards for Environmental Site  Assessments of contaminated sites, it is good news that the Ministry of the Environment has finally released its guidance document for performing those ESAs. Although the new rules are only mandatory when seeking a Record of Site Condition, they set an industrywide benchmark for...

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Published on: 29 May 2015 By

Limitation periods – Often overlooked, yet potentially fatal to your legal rights

It is inevitable that at some point a business will experience a harmful event that causes it to suffer a financial loss. Examples include a third party breaking a contract or a warehouse fire due to faulty electrical wiring. Therefore, businesses need to be aware of the time limits that restrict their right to start...

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Published on: 30 May 2011 By (Dianne Saxe)

Brownfield Regulation amended

The Ministry of the Environment has amended Ontario Regulation 153/04, under the Environmental Protection Act (EPA), related to brownfields. According to the MOE, the amendments “are technical and are consistent with the policy intent of the existing O. Reg. 153/04, as amended in December 2009. The amendments clarify the intent and scope of certain provisions,...

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