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 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...
Continue reading the post titled Transocean seeks to cap liability for Gulf spillSuccessful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits on October 18.
Continue reading the post titled Successful nonsuits- hazardous wasteDrinking water source protection update
The Clean Water Act source protection process is chugging ahead on schedule. All 38 Threat Assessment Reports are expected by the end of December 2010; 25 have already been submitted for MOE review and approval. All Source Protection Plans must be submitted by August 20, 2012, and could be in force by the end of...
Continue reading the post titled Drinking water source protection updateWater Opportunities and Water Conservation Act passed
Bill 72 received Royal Assent this week. The new Water Opportunities and Water Conservation Act is designed to: Promote better water technologies and practices; Create clean technology jobs Encourage conservation of Ontario water resources But not to promote privatization of water utilities. The Act will set up a Water Technology Acceleration Project, (WaterTAP) a non-Crown...
Continue reading the post titled Water Opportunities and Water Conservation Act passedMisinformation fouls the wind debate
There are many heartfelt disputes about wind, and some legitimate issues on which reasonable people may differ. However, it is also true that a great deal of misinformation is being peddled. Mike Brigham, chair of the Toronto Renewable Energy Cooperative, wrote a letter to the Editor responding to some of the claims that were made...
Continue reading the post titled Misinformation fouls the wind debateIs Flyrock really a pollution discharge?
The Ministry of the Environment has prosecuted and convicted an Ontario company for failing to report a “discharge” when fly rock flew out of a construction site and damaged a house. Castonguay Blasting was following all proper precautions when the blast occurred, and immediately reported it to the general contractor, the Ministry of Transportation, and...
Continue reading the post titled Is Flyrock really a pollution discharge?Significant Changes to Planning Act Coming
On December 3, 2015 a few parts of Bill 73, the Smart Growth for our Communities Act, came into force, amending both the Planning Act and the Development Charges Act. The majority of the changes under the Planning Act are not yet in force. One significant pending change relates to removing appeal rights of official plan amendments for environmentally sensitive...
Continue reading the post titled Significant Changes to Planning Act ComingFurther wind litigation in the Oak Ridges Moraine: Part II
Recently, the Environmental Review Tribunal (the “Tribunal”) allowed in part the appeal of a Renewable Energy Approval (“REA”) approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the “Project”). The Tribunal concluded that, with respect to harm to the woodlands, neither the compensation nor...
Continue reading the post titled Further wind litigation in the Oak Ridges Moraine: Part IISaxe Law Office a proud supporter of the first Twitter Moot
In February, West Coast Environmental Law organized the world’s first Twitter moot. As sponsor of Osgoode’s winning team, we are pleased to say it was a resounding success! At one point more people were discussing the Twitter Moot than any other issue in Canada (it was the “trending topic” in the country). The moot case...
Continue reading the post titled Saxe Law Office a proud supporter of the first Twitter MootHow much is nuisance worth?
In Blatz v. Impact Energy Inc., the Alberta Court of Queen’s bench found a gas drilling company liable for contaminating a well on the landowners’ property. As a result, the landowners had to drill a new well and also suffered weeks of health problems, such as diarrhea, mouth sores, and bladder infections. The plaintiffs claimed...
Continue reading the post titled How much is nuisance worth?Receive Blog Posts
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