Liability for delays in issuing environmental permits?
Can the government be liable for financial damages, when they refuse environmental permits for unreasonable reasons, or cause an unreasonable delay in issuing a permit? Yes
Continue reading the post titled Liability for delays in issuing environmental permits?Fisheries Act convictions for discharging drinking water
Two Alberta construction companies have been convicted under the Fisheries Act for rupturing municipal water mains, discharging chlorinated drinking water into storm sewers and fish habitat. Treated municipal drinking water is harmful to fish, which is why it cannot be used as is in aquariums. So is it a breach of the Fisheries Act to...
Continue reading the post titled Fisheries Act convictions for discharging drinking waterCan anyone comply with O.Reg. 419/05?
Standard Development Branch's interpretation of O.Reg. 419/05 is making it difficult for responsible industries to obtain the air permits that they need to operate in Ontario.
Continue reading the post titled Can anyone comply with O.Reg. 419/05?First Nation Wins Case re Pollution on Reserve
Aboriginal issues are increasingly important in all areas of Canadian law and environmental law is no exception. One area of conflict concerns environmentally hazardous activities carried out on reserves, without provincial environmental regulation. Equivalent federal rules are often weak and rarely enforced, and bands have been slow to perform environmental enforcement themselves. In Maracle versus...
Continue reading the post titled First Nation Wins Case re Pollution on ReserveHit-and-run accidents in Ontario: Your insurance rights and protections explained
On the ever-busy roads of Ontario, car accidents are an unfortunate reality. One particularly tricky situation involves an accident with an unidentified driver, commonly known as a “hit and run.” What happens if you’re the victim of such an incident? What coverages are available for insured drivers in Ontario when the at-fault party cannot be identified? What...
Continue reading the post titled Hit-and-run accidents in Ontario: Your insurance rights and protections explainedNational Energy Board and safety rules for construction near pipelines
The National Energy Board (NEB) is proposing changes to three regulations1 governing construction and excavation activities around NEB-regulated pipelines, two of which have not been updated since they came into effect in 1988. For context, according to Alberta’s Energy and Resources Conservation Board, construction damage was the third most common cause of pipeline failure in...
Continue reading the post titled National Energy Board and safety rules for construction near pipelinesNew guidance on a tough issue: Aboriginal Consultation and Renewable Energy
Ontario’s “Aboriginal Consultation Guide for Preparing a Renewable Energy Approval (REA) Application” which provides guidance and direction on the Aboriginal consultation requirements for renewable energy projects under Ontario Regulation 359/09 under the Environmental Protection Act was finalized on September 4, 2013. According to the Guide, “Aboriginal consultation is a mandatory regulatory requirement for applicants of...
Continue reading the post titled New guidance on a tough issue: Aboriginal Consultation and Renewable EnergyCan investigators be personally liable for the damage they do to their suspects?
The Ontario Court of Appeal has ruled that it is not “plain and obvious” that regulatory investigators owe no duty of care to suspects under investigation. The same logic should apply to environmental investigators: shouldn’t they be personally liable to their suspects, if they misuse their powers? In McCreight v. Canada (Attorney General), the Canada...
Continue reading the post titled Can investigators be personally liable for the damage they do to their suspects?Liability waivers: Are they enforceable?
Nearly every recreational activity offered today requires the participant to sign a waiver of liability. Skiing, spin classes, kid’s field trips- waivers have become so common place that people don’t think twice about signing them. But what effect do these waivers really have? If you or your child is injured after you’ve signed a waiver,...
Continue reading the post titled Liability waivers: Are they enforceable?Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.
As a part of their job-application process, many employers ask applicants a question about the applicant’s ability or eligibility to work in Canada. Depending on the exact wording of that question, it may violate the Human Rights Code (the “Code”). Such a violation could be costly. In 2018, the Ontario Human Rights Tribunal issued the...
Continue reading the post titled Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.Receive Blog Posts
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