Upset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughMacQueen/ Sydney tar ponds class action update
MacQueen v Nova Scotia, the Sydney Tar Ponds class action, is still mired in wrangling over the proper definition of the class. Last fall, the plaintiffs were hopeful that certification was just around the corner, and proposed a revised, narrower class definition for the court’s approv…
View the post titled MacQueen/ Sydney tar ponds class action updateTar ponds class action close to certification?
The most interesting part of the judgment will be how it treats pollution impacts on human health.
View the post titled Tar ponds class action close to certification?Air pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …
View the post titled Air pollution class action against the tar sands?Limitations: why not too late to sue for contamination?
No one can count any longer on the limitation period having run for any of it.
View the post titled Limitations: why not too late to sue for contamination?Inco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…
View the post titled Inco to pay $36 million in Port Colborne class actionTransit class action, EA and the St. Clair Streetcar
Curactive Organic Skin Care is starting a class action over the St. Clair streetcar. It wants to sue the Ontario government, Toronto and the TTC for $105 million in damages. Curactive says hundreds of small businesses lost money, due to delays in transit construction, and to changes in the d…
View the post titled Transit class action, EA and the St. Clair StreetcarOlympic overhang- transit class action
Governments across the country have already passed laws blocking lawsuits in nuisance against municipalities for sewer and water overflows; it is time to expand those laws to cover the construction of transit.
View the post titled Olympic overhang- transit class actionQuick Overview of Canadian Environmental Law
Please checkout our new page, with its quick summary of Canadian environmental in an easy-to-read, question and answer format. It starts: Legislation 1 Main environmental regulations What are the main statutes and regulations relating to the environment? Under Canada’s constitution, environm…
View the post titled Quick Overview of Canadian Environmental LawTaking climate change to the courts
On Friday, October 16, a second major US appeals court ruled that victims of climate change can sue polluters. In Comer v. Murphy Oil USA (5th Cir.), victims of Hurricane Katrina sued a number of companies that produce fossil fuels for causing greenhouse gas emissions that contributed to cli…
View the post titled Taking climate change to the courtsReceive Blog Posts
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