Another anti-wind power appeal dismissed
Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that the turbines were likely to cause even one serious skydiving...
Continue reading the post titled Another anti-wind power appeal dismissedThe SCCโs decision in Uber signals modernization of Canadian workersโ rights
On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a standard form contract he had signed...
Continue reading the post titled The SCCโs decision in Uber signals modernization of Canadian workersโ rightsWhat are my legal rights if municipal roadwork harms my business?๏ปฟ
As road repair and construction season ramps up in municipalities across Ontario, many business owners will be facing the news that the street and sidewalk outside their business will be temporarily closed due to municipal roadwork. Depending on the extent of the project, this can range from a trivial interruption to a significant interference with...
Continue reading the post titled What are my legal rights if municipal roadwork harms my business?๏ปฟPerverse Abitibi test produces perverse results in Nortel, Northstar appeals
The Ontario Court of Appeal has released its decisions in the Ministry of the Environment’s appeals from Justice Geoffrey Morawetz inย Re Nortel and Re Northstar. In both cases, Justice Morawetz rejected MOE attempts to claim priority over secured creditors by ordering insolvent companies to cleanup historic contamination. In both cases, Justice Morawetz decided that the...
Continue reading the post titled Perverse Abitibi test produces perverse results in Nortel, Northstar appealsEnvironmental Tribunal reluctantly approves wind turbines near eagles' nest
The Environmental Review Tribunal has issued another decision approving a 45 turbine wind farm, but strongly recommended that the proponent defer or relocate the two turbines within 800 metres of a bald eagles’ nest. Lewis v. MOE,ย 13-044ย is an appeal from a Renewable Energy Approval Number 2494-94QQ97 (the โREAโ), issued byย the Director, Ministry of the Environment...
Continue reading the post titled Environmental Tribunal reluctantly approves wind turbines near eagles' nestERT concludes turbine project will cause serious harm to human health
The Environmental Review Tribunal (โTribunalโ) has for the first time concluded that a wind turbine project would cause serious harm to human health. The Tribunal also concluded, as it did in an earlier case, that the project would cause serious and irreversible harm to an endangered bat species, specifically the little brown bat. The facts...
Continue reading the post titled ERT concludes turbine project will cause serious harm to human healthSpill, baby, spill
Two major oil disasters in a single month – a Chinese oil tanker aground on the Great Barrier Reef, and the BP blowout in the Gulf of Mexico – where is Sarah Palin now? Or, more seriously, where is environmental law when we need it? The Australian spill is, in a legal sense, simpler.
Continue reading the post titled Spill, baby, spillTeaching Americans about Ontario water law
Dianne Saxe was honoured with an invitation to present to the prestigious annual fall conference of the American Bar Association Section on Energy, Environment, and Resources Law (SEER). Her topic: water law. More particularly, Ontario and Canadian laws to protect the Great Lakes, including the newly adopted Great Lakes Protection Act. Click Great Lakes presentation...
Continue reading the post titled Teaching Americans about Ontario water lawMedical Malpractice Frequently Asked Questions
What is medical malpractice? Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional. Negligence occurs when a health care professional falls below the standard of care expected of a reasonable practitioner of that profession in similar circumstances, and that failure causes the patientโs...
Continue reading the post titled Medical Malpractice Frequently Asked QuestionsWhy the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision inย AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can...
Continue reading the post titled Why the Supreme Court decision in AbitibiBowater won’t workReceive Blog Posts
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