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Published on: 29 Jun 2016 By

“MEAN GIRLS”: Bill 132 and the OHSA

It has been six years since Bill 168 amended Ontario’s Occupational Health & Safety Act to require employers to take steps to prevent and to deal with bullying and harassment in the workplace. Since that time, we have come to realize that there were gaps – some would say flaws – in the legislation which reduced...

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Published on: 12 Dec 2013 By (Dianne Saxe)

Bill 138: Ending Coal for Cleaner Air Act, 2013

The Ontario government has introduced Bill 138, Ending Coal for Cleaner Air Act, 2013,  to confirm their longstanding decision to end the use of coal at Ontario’s electricity generating facilities and to prohibit new stand-alone coal-fired generating facilities. Coal-fired electricity generating facilities are major sources of air pollution. Emissions from these facilities include: oxides of nitrogen...

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Published on: 8 Jun 2015 By

Endangered Species exemptions survive court challenge

Sweeping exemptions from Ontario’s protection for endangered species have been upheld by the Divisional Court, despite concerns that they reduce the effectiveness of the Endangered Species Act, 2007. In Wildlands League v. Lieutenant Governor in Council, 2015 ONSC 2942, Ecojustice, the Wildlands League and the Federation of Ontario Naturalists (“Wildlands”), bravely but unsuccessfully challenged the validity of Ontario Regulation...

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Published on: 13 Nov 2014 By

Anti-Fluoride in Drinking Water: Litigation Update

Will citizen group litigation and the threat of personal liability stop fluoridation of drinking water in Ontario? In our earlier blog post, we described a threat by an advocacy group called Concerned Residents of Peel to End Water Fluoridation (Concerned Residents) against Peel municipal councillors. The group threatened the councillors with personal liability if they did not stop the Region from...

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Published on: 26 Jun 2014 By

Current environmental liability issues for municipalities

On June 17, Dianne Saxe and Graham Rempe of the City Toronto’s Legal Services spoke on the issue of current environmental liabilities for municipalities. Graham gracious agreed to allow us to post the paper we prepared here. As the introduction explains: Few topics evoke more concern about “vast” liability than environmental mishaps. Municipalities and their legal advisors...

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Published on: 24 Apr 2014 By (Dianne Saxe)

Environment Ministry to loosen law for waste-based alternative fuels that displace coal

Kudos to the Ontario Ministry of the Environment for finally coming to grips, at least a little, with the adverse environmental and environmental effects of labeling too many productive activities as “waste disposal”. The ministry’s proposed regulatory changes will remove the “waste disposal” label from energy-intensive and trade-exposed heavy industry (such as the cement, lime, iron and steel...

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Published on: 24 Feb 2014 By

Ecuador oil pollution claim can try again to collect from Chevron in Canada

Indigenous Ecuadorian villagers can try again to enforce a controversial $18 billion environmental damage award against Texaco (now merged with Chevron Corp., one of the world’s largest corporations) in Canada. This is part of a worldwide legal battle between the villagers, seeking to collect the money and have the pollution cleaned up, and Chevron, which argues that...

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