Recent Decision Affirms Precautionary Principle
In May of this year, the Federal Court released a decision that affirms the importance of the precautionary principle in the management of fisheries. The decision (Morton v Canada (Fisheries and Oceans), 2015 FC 575) comes as a result of a challenge, launched by lawyers at Ecojustice on beha…
View the post titled Recent Decision Affirms Precautionary PrincipleEcuador oil pollution claim can try again to collect from Chevron in Canada
Indigenous Ecuadorian villagers can try again to enforce a controversial $18 billion environmental damage award against Texaco (now merged with Chevron Corp., one of the world’s largest corporations) in Canada. This is part of a worldwide legal battle between the villagers, seeking to …
View the post titled Ecuador oil pollution claim can try again to collect from Chevron in CanadaDo Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…
View the post titled Do Pollution Exclusion clauses work?Judicial Criticism of Experts: so what?
Judges occasionally make harsh criticisms of the witnesses who appear before them. Sometimes those criticisms are justified; other times, everyone is just having a bad day. In these days of instant search, such a criticism could be recycled endlessly in subsequent cases, perhaps permanently …
View the post titled Judicial Criticism of Experts: so what?Speaking for the public: who pays?
"There is an obligation for each member of the public to accept some responsibility of bringing environmental issues to the forefront."
View the post titled Speaking for the public: who pays?Home Insurance and the Pollution Exclusion
A BC court has upheld the pollution exclusion in a home insurance policy. The issue was the scope of the “pollution exclusion” clause in a policy of home insurance issued by the defendant, BCAA Insurance Corporation, to the plaintiff, Brian Corbould. Corbould sought a declaration of coverage…
View the post titled Home Insurance and the Pollution ExclusionNot every spill is an offence
It’s encouraging to see the courts rejecting prosecutions for minor, low fault spills that are quickly and professionally managed.
View the post titled Not every spill is an offenceCongratulations and thank you
We’re proud to announce that Dianne has been awarded the Ontario Bar Association’s Distinguished Service Award, for her many years of service to the OBA and to environmental law. And thank you to Canadian Lawyer for listing us as one of Canada’s top 5 environmental law boutiques.
View the post titled Congratulations and thank youTransit 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 StreetcarStormwater surprise
Why does so much filth pour out of Toronto sewer outfalls? Hundreds of the outfalls, which should only carry rainwater and perhaps noncontact cooling water, run even in dry weather. Toronto’s water department has identified 53 priority outfalls, places where the “water” p…
View the post titled Stormwater surpriseReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.