More Stringent Regulatory Requirements – Water Taking
The Ministry of the Environment and Climate Change (“MOECC”) has posted a draft regulation to the Environmental Registry proposing to establish a moratorium on the issuance of new or increasing permits to take water for the purposes of water bottling. We previously blogged about the water taking controversy in the Township of Centre Wellington. The...
Continue reading the post titled More Stringent Regulatory Requirements – Water TakingNeighbourly 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,...
Continue reading the post titled Neighbourly Bad Blood Results in Cost Award at the TribunalThe 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;...
Continue reading the post titled The New Reality – Summary Judgment MotionsNew brownfields standards coming soon
Ministry of the Environment staff are seeking approval for proposed changes to the brownfields regulation, 153/04. Last year, the MOE proposed far-reaching changes, including: much more stringent generic cleanup standards, to be phased in 12 months later, a more flexible Tier 2 for risk assessment,
Continue reading the post titled New brownfields standards coming soonGreen energy generation, but what about transmission?
The "right to connect" is not as simple as it sounds.
Continue reading the post titled Green energy generation, but what about transmission?Why isn't industry more worried about Reg. 419/05?
If wildly improbable events are the benchmark for measuring compliance, industrial facilities in urban locations will rarely “comply”.
Continue reading the post titled Why isn't industry more worried about Reg. 419/05?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...
Continue reading the post titled Interesting statistics on brownfieldsClimate change: How strong is the evidence?
Is climate change science “real science”? Can climate change experts give expert evidence in court? Canadian courts have not yet wrestled with this issue, but American courts have. The leading case is Green Mountain Chrysler v. Crombie. In 2007, the auto industry tried to prevent leading climate change experts from giving expert evidence, on the ground...
Continue reading the post titled Climate change: How strong is the evidence?New Waste Management Policies
The Ministry of the Environment made two significant waste management policy announcements this week First, the Ministry has issued a proposed Policy Statement on Waste Management Planning. This is apparently esoteric topic will give direction to municipalities in the contentious and difficult area of waste management. All municipalities with populations over 100,00 must develop 20-to-25-year...
Continue reading the post titled New Waste Management PoliciesPublic Interest Intervention in Private Environmental Disputes
A recent decision from the Court of Appeal for Ontario, Huang v Fraser Hillary’s Limited, 2018 ONCA 277, underscores the challenges faced by parties seeking to intervene in private environmental disputes. Background Fraser Hillary’s Limited (“FHL”) is the corporate owner of a property in Ottawa where it operates a dry-cleaning business. The owner of an...
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