New Biodiversity Treaty in effect this week
Fair sharing of biodiversity: The Nagoya Protocol on Access to Genetic Resources and the Fair Equitable Sharing of Benefits Arising from their Utilization, under the United Nations Convention on Biodiversity (CBD), enters into force this week. The Protocol is an international environmental agreement intended to ensure that those, who share access to genetic resources and associated traditional...
Continue reading the post titled New Biodiversity Treaty in effect this weekFlying rock a discharge?
The prosecutor asked the Court to trust the ministry not to prosecute in absurd and inappropriate circumstances.
Continue reading the post titled Flying rock a discharge?Enviro West v Copper Mountain, everyone is liable
A long running lawsuit over liability for PCB wastes may finally be over. In Enviro West Inc v. Copper Mountain Mining Corp. a waste hauler, Enviro West, unknowingly picked up waste oil highly contaminated with PCBs and mixed it with uncontaminated oil, resulting in substantial damages. At trial, Enviro West was awarded damages against Copper Mountain...
Continue reading the post titled Enviro West v Copper Mountain, everyone is liableThe Wit (not just wisdom) of the Bench
Most people (even lawyers!) usually think that reading case law is dry and humourless. But it depends on the judge! There have been several decisions over the last few years that have shown that judges have a sharp wit and a flair for writing! Take a moment to enjoy these. One example is R. v. Duncan,...
Continue reading the post titled The Wit (not just wisdom) of the BenchConcert injuries: Who is responsible for the Astroworld tragedy?
When Travis Scott took the stage at the Astroworld Festival at NRG Park in Houston, Texas on November 5, 2021, the crowd surged forward and the “crowd crush” resulted in the death of ten people and injuries to hundreds more. To date, nearly 500 lawsuits have been commenced in relation to this incident, most of...
Continue reading the post titled Concert injuries: Who is responsible for the Astroworld tragedy?To go or not to go? Left turn obligations
We have all been on one side of this dilemma or the other. You are the first car at a traffic light, patiently waiting to turn left with a sea of opposing traffic approaching. The light turns green. Do you move into the intersection or not? Common practice falls into one of two scenarios: Scenario...
Continue reading the post titled To go or not to go? Left turn obligationsOntario Failing Our Future on Climate Change
In his latest report, Ontario’s Environmental Commissioner again strongly criticizes the Ontario government for doing too little on climate change. The Ontario government has done a lot, most notably closing coal-fired power plants and adopting the Green Energy Act. In this, Ontario compares well to other provinces and to our foot-dragging federal government. However, Commissioner...
Continue reading the post titled Ontario Failing Our Future on Climate ChangeBulk water transfers?
I was delighted to stumble upon an excellent summary of Canada's national and provincial laws on bulk water transfers.
Continue reading the post titled Bulk water transfers?Update on rent relief for Canadian small businesses
On Friday, April 24, 2020 Prime Minister Trudeau announce more information regarding the Canada Emergency Commercial Rent Assistance (“CECRA”) program. When it was initially announced on April 16, 2020, little more was known about the CECRA program than that it would assist small businesses with rent for April, May and June. See our blog post...
Continue reading the post titled Update on rent relief for Canadian small businessesEnvironmental Review Tribunal Denies Costs for Successful REA Appellants
In the latest chapter in the appeal of the renewable energy approval (“REA”) for a wind farm in Clearview Township, Simcoe County, the Environmental Review Tribunal (“Tribunal”) denied the Appellants’ request for costs. The Appellants, comprised of an assortment of individuals, municipalities, and a corporation, appealed a REA issued in 2016 by the Director of...
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