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Published on: 1 Dec 2014 By

B.C. Court: No Abuse of Water Approvals for Fracking

Becauseย fracking consumes a huge amount ofย water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged howย the B.C. government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, frequently renewed, without regulatingย the cumulative water taking of an entire project. Does thisย violate...

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Published on: 18 Jan 2012 By (Dianne Saxe)

Keystone rejected, for now

The Obama administration announced today they will reject the permit on the controversial 1,700-mile oil sands pipeline project, Keystone XL, because the US Congress forced an immediate decision before the proposed route revision through Nebraska could be studied. Transcanada will reapply, shifting the final decision until after the fall election, just as President Obama planned.

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Published on: 6 Nov 2007 By (Dianne Saxe)

Abusive Prosecution

An abusive MOE prosecution has been thrown out of court, with costs. Roger Arcand was charged with providing the MOE with false information concerning a municipal water system. The City pled guilty, but Arcand insisted on his innocence and repeatedly demanded particulars and disclosure of the charges against him. ย  The MOE was slow and...

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Published on: 19 Oct 2009 By (Dianne Saxe)

Can the precautionary principle be used to block wind energy?

A Big Island resident, Ian Hanna, launched judicial review today to block renewable energy approvals under the regulations recently adopted to implement Bill 150, the Green Energy Act. Mr. Hanna argues that it is contrary to the precautionary principle to allow wind energy development in Ontario without further study of its alleged health effects. He...

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Published on: 25 Jun 2012 By

Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question

Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing weโ€™ve felt confident about is the 24-month cap โ€“ unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what age he is, a Court will not...

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Published on: 9 Jan 2015 By

Finding and Serving those Anonymous Bloggers

In a previous article published on this website, the strict limitation periods associated with a defamation action were discussed; particularly, the six week period for a Notice of Libel and the three month period for the commencement of an action in defamation, as is required under sections 5 and 6 of the Libel and Slander...

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Published on: 19 May 2010 By (Dianne Saxe)

Approvals reform Bill introduced

Two environmental Bills were introduced into the Ontario Legislature this week: approvals reform, and a major push to develop and export clean water technology. For most Ontario businesses, the approvals reform package will be, by far, the most important. The Bill will amend the Environmental Protection Act and related statutes to create a two track...

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Published on: 27 May 2010 By (Dianne Saxe)

Transocean seeks to cap liability for Gulf spill

One of the biggest ways that our legal system contributes to enormous, high-risk accidents, is to allow those responsible to limit their financial liability. This allows them to raise money ย from investors, and obtain insurance, for high-risk activities that the government wishes to support. Canada does this for the nuclear industry with the Nuclear Liability...

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