Quebec is still the place to be for environmental class actions
There continue to be more environmental class actions in Quebec than anywhere else in the country. Environmental Disasters Two new class actions were certified in Quebec last year arising from disastrous accidents: In Lessard c. Arcand, 2012 QCCS 275, a claim was certified for flooding damag…
View the post titled Quebec is still the place to be for environmental class actionsEnvironmental causes of action
The recent Court of Appeal decision in Smith v Inco is requiring Canadian environmental lawyers to carefully rethink environmental causes of action–who can sue who for what? How can Smith v. Inco be reconciled with St. Lawrence Cement v. Barrette? (Different type of nuisance). Why can non-to…
View the post titled Environmental causes of actionChevron, Ecuador, and court shopping
30,000 people, including indigenous tribes, suing Chevron (for toxic waste discharges by its predecessor, Texaco) obtained an $8.6 billion judgment this week from the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. The penalty is reportedly to be doubled if Chevron does not…
View the post titled Chevron, Ecuador, and court shoppingEndangered species: Ecojustice killer whale win
Congratulations to Ecojustice for its killer whale win. They successfully sued the federal government for its failure to protect the habitat of endangered species, killer whales in British Columbia. The 126 page judgment concludes that the Department of Fisheries and Oceans has utterly faile…
View the post titled Endangered species: Ecojustice killer whale winClimate change victims can sue coal-fired plants
Those who burn coal create emissions known to have adverse effects (climate change) on others. These are the very sorts of harm that tort law is designed to control.
View the post titled Climate change victims can sue coal-fired plantsClass Action Update
Another attempt to seek environmental health damages in a class action has failed. The federal government, Dow and Pharmacia are facing class actions across the country relating to herbicides used at its military base in Gagetown, New Brunswick.
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