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Published on: 30 Aug 2010 By (Dianne Saxe)

Syncrude sentencing put off re ducks

Syncrude has decided to make a deal, if it can, rather than keep fighting. The trial for killing 1600 ducks in a tailings pond was  scheduled to resume August 18,  in order to decide whether Syncrude can be fined for both the federal and provincial offences. Instead, the case has been adjourned again until October...

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Published on: 3 Nov 2010 By (Dianne Saxe)

Cumulative pollution a Charter breach?

Ecojustice has launched a lawsuit on behalf of Aamjiwnaaang First Nation members, Ron Plain and Ada Lockridge, alleging that the cumulative effects of government approved pollution in Sarnia’s Chemical Valley amounts to a violation of their human rights under sections 7 and 15 of  the Canadian Charter of Rights and Freedoms.

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Published on: 5 Mar 2015 By

Litigation Perils: Winning the battle, but losing the war!

Litigation is expensive, time-consuming, unpleasant and risky for everyone involved. Outcomes are hard to predict, as too are the fees and time that parties will spend either pursuing or defending a claim. Let’s not even talk about the potential reputational damage if litigation becomes public. I am not litigation-averse. It has its time and purpose. For...

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Published on: 1 Nov 2010 By (Dianne Saxe)

Open for Business- new rules for approvals

Bill 68, the Open for Business Act, has received Royal Assent. Schedule 7 of the Act makes major changes to a range of Ministry  of the Environment statutes. Most will be phased in over time. For example, the Environmental Protection Act has received major amendments. A new Permit by Rule approval system should eventually slash delays in...

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Published on: 9 Jan 2015 By

The New Reality – Summary Judgment Motions

Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin,[1] which was decided by the Supreme Court of Canada in January of this year;...

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Published on: 6 Dec 2010 By (Dianne Saxe)

Climate change and wilful ignorance

Israel is burning, in record heat and drought. The Hudson Bay polar bears are in trouble, and may lose all of this year’s cubs. 2010 is “almost certain” to be the third warmest year on record since 1850, according to the World Meteorological Organization. The Arctic ice is thinning. So what are we doing about...

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Published on: 13 Dec 2010 By (Dianne Saxe)

Kent Breeze wind appeal update

Several appeals have now been launched to the Environmental Review Tribunal by opponents of the Kent Breeze  wind farm, which recently received a renewable energy approval from the Ministry of the Environment.  Last week, we wrote about the relatively modest appeal launched by  Mr. Wachsmuth;  we understand that he is now in the process of...

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Published on: 30 Dec 2010 By (Dianne Saxe)

Extra time for Toxic Reduction plans?

The Ministry of the Environment plans to give  Ontario industries an extra year to prepare their toxic substance reduction plans and plan summaries, under the Toxics Reduction Act 2009.  Proposed amendments to O. Reg. 455/09 have been reposted for further comment; comments are invited until January 31, 2011. The Ministry is proposing to amend O....

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Published on: 6 Jul 2015 By

MOECC Updates – June 2015

As part of our ongoing efforts to keep you informed of environmental issues that could impact your business, we have collected this list of recent MOECC fines for violations of the Environmental Protection Act and the Ontario Water Resources Act. If you have any questions or would like more information about how these Acts have...

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Published on: 19 Aug 2011 By (Dianne Saxe)

Air CAMM to improve?

The Ministry of the Environment is working hard to improve the newish air pollution regulation O.Reg. 419/05. The original concept, that a five-year phase in period would result in businesses inventing pollution control technology, usually has not worked. As major businesses get close to the February 1, 2013 deadline, they are digging in their heels....

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