Who is responsible for fixing lead-contaminated drinking water?
Recent attention to lead-contaminated drinking water has many Ontarians questioning the safety of the water in their own homes. So, how do you know if there’s lead in your drinking water? How much lead is unsafe? And, who is responsible for fixing the problem? The most likely source of lead in drinking water is plumbing...
Continue reading the post titled Who is responsible for fixing lead-contaminated drinking water?Ontario Court releases merits decision in medical malpractice class action
After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success at the common issues trial against one of the...
Continue reading the post titled Ontario Court releases merits decision in medical malpractice class actionI am affected by a class action. What are my options?
Imagine finding out that thousands of people, just like you, have been impacted by the same issue – maybe it’s a product defect, a financial loss, or a breach of privacy. A class action is the collective response. It’s a powerful way for people who have been similarly affected to band together and demand justice...
Continue reading the post titled I am affected by a class action. What are my options?Energy and Water 2016 Symposium and Industry Summit
Environmental Law Practice Group Leader, Paula Lombardi will be speaking at the upcoming Energy and Water 2016 Symposium and Industry Summit. Energy and Water 2016 Symposium and Industry Summit Sustainable energy and water use will be the focus of an annual symposium and industry summit hosted by the University of Windsor on June 22-23, 2016....
Continue reading the post titled Energy and Water 2016 Symposium and Industry SummitDo employers have to allow their employees to work from home to breastfeed? Flatt v. Treasury Board (Department of Industry)
A female employee with the Industry Canada’s Spectrum Management Operations Branch filed a grievance alleging that she was discriminated against on the basis of sex and family status when her employer failed to accommodate her request to work five days a week from home so she could continue to breastfeed her one year old son....
Continue reading the post titled Do employers have to allow their employees to work from home to breastfeed? Flatt v. Treasury Board (Department of Industry)Financial Assurance after business closes
An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financial assurance, so dismissed the operators’...
Continue reading the post titled Financial Assurance after business closesMunicipality can’t bring Charter challenge to wind approval rules
The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules. Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. In Municipality of North Middlesex v. Director, Ministry of the Environment, North Middlesex served a Notice of Constitutional Question shortly before...
Continue reading the post titled Municipality can’t bring Charter challenge to wind approval rulesMacQueen class action struck out re Sydney Tar Ponds
The Nova Scotia Court of Appeal has struck out the groundbreaking class action that had been certified relating to contamination from the Sydney Tar Ponds and the associated steel and coke plants: MacQueen v. Ispat Sidbec Inc. This is another major setback to plaintiffs in contaminated land cases, following the lead of the Supreme Court of...
Continue reading the post titled MacQueen class action struck out re Sydney Tar PondsBest practices for wells in Ontario?
Ontario’s Ministry of the Environment continues to adopt “best management practices” documents as guidance for environmental consultants and industries. The proposed draft guidance on Test Holes and Dewatering Wells: Requirements and Best Management Practices Manual is now formally adopted. The Manual also provides a plain language summary of the Wells Regulation (O. Reg. 903/90 under...
Continue reading the post titled Best practices for wells in Ontario?Parking lot dust an unreasonable nuisance
Dust generated by trucks driving on an unpaved parking lot can be a nuisance to industrial neighbours, according to the Ontario Court of Appeal. In TMS Lighting Ltd. v. KJS Transport Inc., 2014 CarswellOnt 2, the court ruled that the dust unreasonably interfered with a neighbouring business’s use and enjoyment of its property. For approximately...
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