More thinking about Smith v Inco
We continue to mull over Smith v. Inco, and the major implications that has for virtually all cases involving Rylands v. Fletcher, and for a significant number of nuisance cases. Watch our video on the case, made in cooperation with Nimonik. Then please let us know what you think.
View the post titled More thinking about Smith v IncoPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
View the post titled Port Colborne class action dismissedLawsuit for noise and odour
Noise and odour are frequent sources of neighbourhood disputes. Sometimes those disputes can be resolved by turning to regulators, such as the Ministry of the Environment or municipal bylaw enforcement officers. Often, however, that isn’t enough. Some then turn to the courts.
View the post titled Lawsuit for noise and odourMacQueen v. Canada class action
The Nova Scotia Supreme Court has certified a massive class action by Sydney residents against the governments of Canada and Nova Scotia, relating to contamination from the notorious Sydney tar ponds, and the associated steel mill and coke ovens from the old Sydney Steel.
View the post titled MacQueen v. Canada class actionTransit, loss, and compensation
Our column in today’s award-winning SLAW revisits the Heyes case. “Public works often impose heavy losses on those in private property nearby. Under what circumstances should they be compensated? That should have been the question in Heyes v. Vancouver, now Susan Heyes Inc. (Haz…
View the post titled Transit, loss, and compensationHeyes appeal: Subway construction a nuisance?
Is transit construction a nuisance? The British Columbia Court of Appeal has released its decision in Heyes v. Vancouver, now called Susan Heyes Inc. v. South Coast BC Transportation Authority. The court overturned a $600,000 judgment awarded to a local store owner, who was driven out of bus…
View the post titled Heyes appeal: Subway construction a nuisance?Nuclear Liability caps in the US?
Now that Canada is heading for another federal election, Bill C-15, the fourth attempt to update Canadian nuclear liability laws, will again die on the order paper. By now, it is generally accepted that our current $75 million is ridiculously low, but there is less consensus on how it shoul…
View the post titled Nuclear Liability caps in the US?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 updateEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
View the post titled Environmental moot courtReceive Blog Posts
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