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Published on: 24 Jul 2017 By

Neighbourly Bad Blood Results in Cost Award at the Tribunal

An alleged oil spill that occurred in 1990, giving rise to extensive proceedings before the Environmental Review Tribunal (“Tribunal”) and Superior Court, took an unexpected turn earlier this year, leading the Tribunal to issue an unusual costs award. In May 2014, the Ministry of the Environment and Climate Change (“Ministry”) issued an order against Mr. Krek,...

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Published on: 16 Mar 2008 By (Dianne Saxe)

Law or Politics?

The Federal Government filed its defence on Thursday, to Friends of the Earth’s climate change lawsuit. Last year, the three opposition parties combined to pass a Kyoto Protocol Implementation Act, now part of the law of Canada. This statute requires the Minister of the Environment to prepare a climate change action plan every year to...

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Published on: 28 Apr 2009 By (Dianne Saxe)

Interesting statistics on brownfields

 According to the Ontario Ministry of the Environment, a significant number of Records of Site Condition has been posted to the Brownfields Environmental Site Registry since October 1 2004, when regulation 513/04 came into effect. As of early this month,  a total of 1747 RSCs had been filed.  Of these, 397 RSCs have been filed...

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Published on: 4 Feb 2013 By (Dianne Saxe)

Huge fine and jail for drinking water violations in township

The small Municipality of West Elgin (pop. 5,157) and three of its water distribution system operators were fined $154,500 in St.Thomas Provincial Offences Court for drinking water violations, including providing false information and failing to report adverse test results. One of the operators was sentenced to 30 days in jail and stripped of his right...

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Published on: 13 Mar 2013 By (Dianne Saxe)

Sunrise Propane explosion – landlords added to class action

Here’s an update on the Sunrise Propane explosion in Downsview, Ontario, and the gradual progress of the class action by the aggrieved neighbours. In July 2012, the Ontario’s Superior Court of Justice certified a class action against all proposed defendants except the Teskey defendants, which owned the properties on which the Sunrise propane facility was...

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Published on: 7 Jul 2017 By

Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.

“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I can only assume the plaintiff farmer, Adolfo...

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Published on: 29 Oct 2015 By

Competition Class Actions Cross The Pond

North American style “opt-out” class actions are finally coming to the UK, albeit with a number of unique procedural and substantive modifications. The recent amendments contained in the Consumer Rights Act 2015, which amends the Competition Act 1998, signal a historic shift toward class proceedings. The Consumer Rights Act 2015 introduces the mechanism of “collective...

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