No Ostrander wind farm because access road bad for turtles
Bravo to the Environmental Review Tribunal for standing up for endangered species. On July 3, after a 40-day hearing, the ERT revoked Gilead Power’s renewable energy approval (REA) to develop a wind farm on 324 hectares of Crown land in Prince Edward County’s Ostrander Point. But not because there was anything harmful about the turbines....
Continue reading the post titled No Ostrander wind farm because access road bad for turtlesToronto fined $150,000 for sewage spill
The City of Toronto pled guilty to one violation under the Ontario Water Resources Act foroperating its sewage works in not accordance with its Certificate of Approval. It was fined $150,000 plus the victim fine surcharge.
Continue reading the post titled Toronto fined $150,000 for sewage spillHelping out in the Gambia
Our associate, Meredith James, recently returned from some pro bono guest lectures at the University of the Gambia’s Faculty of Law. She spoke to the first year torts class about environmental torts and how they might be used in local scenarios. For example, open burning of waste is a common site both in residential areas and in...
Continue reading the post titled Helping out in the GambiaAir CAMM to improve?
The Ministry of the Environment is working hard to improve the newish air pollution regulation O.Reg. 419/05. The original concept, that a five-year phase in period would result in businesses inventing pollution control technology, usually has not worked. As major businesses get close to the February 1, 2013 deadline, they are digging in their heels....
Continue reading the post titled Air CAMM to improve?Dust in the wind: big fine for blowing tailings dust
The recent conviction of Unimin Canada Ltd (R v Unimin Canada Ltd, 2015 CarswellOnt 11640) underscores again the potential regulatory costs of failing to take appropriate preventative measures to ensure compliance with the Environmental Protection Act, RSO 1990, c E.19 (“EPA”)–even during unusual weather. Unimin operates an open-pit Nepheline Syenite mine and related processing facilities near Kasshabog Lake...
Continue reading the post titled Dust in the wind: big fine for blowing tailings dustExpropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.
Continue reading the post titled Expropriating contaminated landThe Rise And Fall Of Chadha v Bayer
Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion. For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has been overcoming the high evidentiary threshold established primarily by the Ontario Court of Appeal...
Continue reading the post titled The Rise And Fall Of Chadha v BayerBurnaby Oil Spill
What caused the great Burnaby oil spill of July 24, 2007, when a sewer contractor sliced into a pipeline, creating a geyser of oil? The Transportation Safety Board of Canada has released its report, revealing the classic elements common to major spills:
Continue reading the post titled Burnaby Oil SpillEnvironment Minister Bradley: what he’s done and doing on waste
Last week, Ontario Minister of the Environment, Jim Bradley, spoke to the Ontario Waste Management Association. He summarizes his Ministry’s considerable achievements of the last year on the waste file, and promises a new program for end of life vehicles, plus new framework legislation on waste. Here are his remarks (headings added): Ontario Waste Management...
Continue reading the post titled Environment Minister Bradley: what he’s done and doing on wasteCity of Toronto announces Morton Shulman Avenue
Today, the City of Toronto will unveil a very short new street. Morton Shulman Avenue leads south from Wilson to the exciting new Forensic Sciences Centre and Coroner’s Complex that will open this fall. This LEED Silver building will bring together the Ontario Forensic Pathology Service, the Office of the Chief Coroner, and the Centre of Forensic Sciences, with...
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