MacQueen 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 The proposed draft guidance on Test Holes and Dewatering Wells: Requirements and Best Management Practices Manual is now formally adopted.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...
Continue reading the post titled Parking lot dust an unreasonable nuisanceDespite Legal Challenge, Tidal Power A Reality In Nova Scotia … For Now
North America’s first tidal turbine was recently connected to the power grid in Nova Scotia. The turbine being tested as part of a proposed project that would eventually see turbines installed in the Bay of Fundy now provides tidal-powered energy to 500 homes in the province. As part of the test, a second turbine is...
Continue reading the post titled Despite Legal Challenge, Tidal Power A Reality In Nova Scotia … For NowTrain Derailment Results in Significant Environmental Fines
On July 6, 2013, 74 unattended freight train cars carrying Bakken Formation crude oil rolled down a 1.2% grade from the town of Nantes and into the downtown area of the Town of Lac-Mégantic. The ensuing derailment resulted in a fire and explosion of multiple tank cars. The devastation was far reaching and resulted in...
Continue reading the post titled Train Derailment Results in Significant Environmental FinesFinancial 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 closesEnvironmental 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, 13-044 is an appeal from a Renewable Energy Approval Number 2494-94QQ97 (the “REA”), issued by the Director, Ministry of the Environment...
Continue reading the post titled Environmental Tribunal reluctantly approves wind turbines near eagles' nestDo 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)Municipality 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 rulesWhat are non-earner benefits?
Non-earner benefits are one of the accident benefits included in a standard automobile insurance policy in Ontario. Employed adults injured in a motor vehicle accident can apply for income replacement benefits, a benefit included in their automobile insurance policy. Historically, those who cannot qualify for income replacement benefits such as students, unemployed, and retired individuals...
Continue reading the post titled What are non-earner benefits?Receive Blog Posts
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