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Published on: 6 Jul 2012 By (Dianne Saxe)

Climate crisis: Insurers Tell Weather Like It Is

Our federal government does not like to talk about climate change, so the Insurance Bureau of Canada has released a hard hitting report on the damage that climate change is already causing in Canada: Telling the Weather Story: Can Canada Manage the Storms Ahead?  This is the same message that the National Round Table on Environment...

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Published on: 20 Aug 2012 By (Dianne Saxe)

Certificate of analysis ok as evidence despite minor error and delay?

A court accepted a Maxxam certificate of analysis into evidence in an environmental prosecution, despite a minor error in an internal chain of custody, and a two month delay in issuing the certificate. The decision is useful for anyone who takes samples, analyses them or uses the result in court.

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Published on: 21 Aug 2012 By (Dianne Saxe)

Liability insurer need not pay for voluntary delineation and cleanup

According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment request to do so.

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Published on: 21 Sep 2012 By (Dianne Saxe)

Smart regulation: if regulators studied psychology

How would environmental regulation be different if our regulators were up to date on current research in psychology and neuroscience? A leading American legal scholar and member of the Obama Administration, Cass Sunstein, published a detailed analysis in the University of Chicago Law Review. His bottom line? 

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Published on: 29 Jun 2016 By

Validity of the Renewable Fuels Regulations under CEPA upheld

The Federal Court of Appeal has recently rendered a decision in another judicial review involving the Canadian Environmental Protection Act (CEPA). Syncrude, which produces diesel fuel at its tar sands operations, commenced an application challenging the validity of federal regulations made under CEPA requiring that all diesel fuel produced, imported, or sold in Canada contain...

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Published on: 29 Jun 2016 By

“MEAN GIRLS”: Bill 132 and the OHSA

It has been six years since Bill 168 amended Ontario’s Occupational Health & Safety Act to require employers to take steps to prevent and to deal with bullying and harassment in the workplace. Since that time, we have come to realize that there were gaps – some would say flaws – in the legislation which reduced...

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Published on: 24 Oct 2012 By (Dianne Saxe)

A small exemption from approvals fees

The Minister’s Requirement for Fees sets out the fees that the MOE may charge for its review of Environmental Compliance Approval (ECA) applications. These fees can run into the thousands of dollars depending on what the MOE is asked to review. For example, review of combustion equipment costs $400, review of an effluent quality criteria...

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Published on: 12 Aug 2016 By

What happens if a deceased’s will is lost? What if it has been destroyed?

Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luckily, the Rules of Civil Procedure provide a way forward. In this...

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