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 PondsProposed legislation would make the roads safer for cyclists
On Monday, the Province announced new legislation that would improve cyclist safety on Ontario’s roads and highways. If passed, the proposed Keeping Ontario’s Roads Safe Act and supporting amendments to the Highway Traffic Act will: Increase fines for distracted driving from a range of $60 – $500 to a range of $300 – $1,000 and assign three demerit points...
Continue reading the post titled Proposed legislation would make the roads safer for cyclistsWaste Diversion Ontario and Stewardship Ontario to arbitrate
Waste diversion in Ontario is spawning an unusual amount of litigation this year. Waste Diversion Ontario (WDO), the delegated administrative authority which oversees several waste diversion programs under the Waste Diversion Act, is sending its breach of contract dispute with Stewardship Ontario to arbitration. This is separate from the Blue Box funding arbitration that began last week before arbitrator...
Continue reading the post titled Waste Diversion Ontario and Stewardship Ontario to arbitrateFederal govt proposes new air pollution regulations
The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired engines. The regulations would also achieve modest reductions in greenhouse gas emissions. According to the regulatory impact...
Continue reading the post titled Federal govt proposes new air pollution regulationsAs minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: credit for compliance with regulatory orders, and concurrent...
Continue reading the post titled As minimum fines get higher, is there a work-around?Yukon proposes eco fees on tires and electronics
The Yukon government has proposed a new recycling regulation that includes eco fees on tires and electronics. The rollout of a similar system in Ontario several years ago, for  household hazardous waste, was fumbled and created an embarrassing backlash. Since then, Ontario has been “allergic” to the concept of point-of-sale eco fees, no matter how...
Continue reading the post titled Yukon proposes eco fees on tires and electronicsBill 37, Invasive Species, second reading soon?
Will the proposed Invasive Species Bill pass before invasive Asian carp reach the Great Lakes, with devastating effects?
Continue reading the post titled Bill 37, Invasive Species, second reading soon?New environmental laws in Ontario
It was a big week for new environmental laws in Ontario. Last week, on November 3, a trio of  environmental laws–each of which has suffered a tortured history of introduction, death, and re-incarnation–finally received royal assent and came into effect: the Great Lakes Protection Act, 2015, Invasive Species Act, 2015, and the Protection of Public Participation Act, 2015....
Continue reading the post titled New environmental laws in OntarioWhen is a pit a “pit”?
The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and blasting company. In 2012, it approached a landowner to...
Continue reading the post titled When is a pit a “pit”?Des Moines Water Works sues County for Agricultural Runoff
The Storm Lake Times, a small family-run Iowa newspaper, won a 2017 Pulitzer Price award for its coverage of issues associated with farm pollution from local agricultural companies and the failure of the County to control the agricultural runoff in the area. The Storm Lake Times covered how the counties in the area allow too...
Continue reading the post titled Des Moines Water Works sues County for Agricultural RunoffReceive Blog Posts
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