Seizure on consent?
When can ministry investigators seize documents outside the scope of a search warrant? During the execution of a warrant, Ministry of the Environment investigators seized approximately 100 documents that clearly lay outside the scope of the warrant. They showed one set of documents to the company, who consented to the seizure of that particular set...
Continue reading the post titled Seizure on consent?Brownfields deadline looms
There are just a few days left for landowners who want to extend their right to finish existing cleanups using the “old” (2004) cleanup standards. As of July 1, 2011, stricter (2009) cleanup standards will come into effect under Ontario Reg. 153/04. Landowners can preserve the option to obtain a Record of Site Condition using...
Continue reading the post titled Brownfields deadline loomsCan municipal bylaw stop Hydro One Transformer Station?
Can the Municipality of Clarington, Ontario, by bylaw, force Hydro One to submit a groundwater study in order to build a $296 million transformer station, that has been directed to be built by the Ontario Power Authority, and approved by the Ministry of the Environment?
Continue reading the post titled Can municipal bylaw stop Hydro One Transformer Station?Fracking and hazardous waste
Nova Scotia has followed Quebec, and has launched its own investigation into the potential environmental hazards of hydraulic fracturing to produce shale gas, especially the impacts on water. Meanwhile, the US EPA is anxious to formally start its own review. Its Science Advisory Board will hold two full-day sessions later this month to review the...
Continue reading the post titled Fracking and hazardous wasteEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
Continue reading the post titled Environmental moot courtGHG regulation by US EPA upheld
Can the US Environmental Protection Agency enforce its ambitious greenhouse gas emission rules under the Clean Air Act? Yes, according to the Endangerment Opinion of the District of Columbia US Court of Appeals:
Continue reading the post titled GHG regulation by US EPA upheldNorthstar/ Baker Order: Government doesn't have to explain its case
The Environmental Review Tribunal has ruled that the Director, Ministry of the Environment, doesn’t have to specify its basis for imposing personal liability, by order, on the former directors and officers of two Northstar companies (Baker v. Director), at least not now. Despite uncontradicted evidence that the individuals affected cannot understand what, if anything, they...
Continue reading the post titled Northstar/ Baker Order: Government doesn't have to explain its caseIn the Family Law Context: Custody and Guardianship of a Minor’s Property
Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have...
Continue reading the post titled In the Family Law Context: Custody and Guardianship of a Minor’s PropertyClass Proceedings Can Fill the Gap in Canadian Regulatory Action
Canadian Investors’ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters. Examining 30 years’ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that Canada’s “toothless” regulatory system permits criminals to get “barely punished” and commit their financial crimes again. Focusing...
Continue reading the post titled Class Proceedings Can Fill the Gap in Canadian Regulatory ActionSmart 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?
Continue reading the post titled Smart regulation: if regulators studied psychologyReceive Blog Posts
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