Can Oakville make power plant get municipal air permit?
Can municipalities insist that local industries obtain municipal air permits, in addition to those issued by the province?
Continue reading the post titled Can Oakville make power plant get municipal air permit?“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v. Geil, 2018 ONCA 1030, a municipal by-law officer...
Continue reading the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersNew hope for brain injuries: Pituitary gland testing
At a medical conference I attended a few years ago, I recall one of the guest speakers said the only cure for a brain injury is avoidance. He of course was referring to the school of thought that for the most part, neurons don’t recover after a brain injury. While that may be open to...
Continue reading the post titled New hope for brain injuries: Pituitary gland testingWill mandatory vaccination policies be enforceable in unionized workplaces?
Employers across the world are discussing the risks and merits of imposing mandatory vaccination policies in response to the COVID-19 pandemic. While there is still no certainty about the enforceability of these policies, decisions from labour arbitrators give us some idea of the principles to be applied in unionized workplaces. My colleague, Jennifer Costin has...
Continue reading the post titled Will mandatory vaccination policies be enforceable in unionized workplaces?The SCC’s decision in Uber signals modernization of Canadian workers’ 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 SCC’s decision in Uber signals modernization of Canadian workers’ rightsWhat are my legal rights if municipal roadwork harms my business?
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?Perverse 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 in 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 appealsNational class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc
On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In...
Continue reading the post titled National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store IncAnother 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 dismissedWhy the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision in 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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