Climate change, KPIA and the rule of law
When abroad, I have often bragged about Canada’s legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.
View the post titled Climate change, KPIA and the rule of lawWhy do new fuel tanks leak?
New fuel tanks leak because our safety standards are too lax, according to the Ontario Superior Court of Justice. In Muskoka Fuels v Hassan Steel Fabricators, the plaintiff petroleum distributor purchased a fuel tank manufactured by Hassan. Diesel oil leaked from the tank into a bog less th…
View the post titled Why do new fuel tanks leak?Environmental insurance getting cheaper?
Last week, insurance representatives told the Ontario Bar Association that environmental cleanup insurance has become much less expensive, perhaps 1 cent per square foot per year for large property portfolios. The available coverages have also expanded. This is good news. Environmental insur…
View the post titled Environmental insurance getting cheaper?Expert witnesses: preparation
How do lawyers use Expert Witnesses in Environmental Litigation? Here’s an outline from one of Dianne’s seminars:
View the post titled Expert witnesses: preparationFinancial assurance: what counts?
Detox appealed the Ministry demand for $100,000 in financial assurance for transportation accidents relating to PCBs. As Detox pointed out, it holds $5 million of vehicle insurance, to cover precisely the same sort of accidents, and the MOE's amount, $100,000, was almost certainly inadequ…
View the post titled Financial assurance: what counts?Olympic 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 actionNoisy nosy neighbours
Mr. and Mrs. Monroe were forbidden to operate their air conditioner if it causes sound beyond 55 dB from 7 AM to 10 PM, and 45 dB overnight, measured anywhere along the property boundary.
View the post titled Noisy nosy neighboursApprovals Reform, at last?
After years of complaints about the economic drag created by Ontario’s sclerotic environmental approval process, something may finally be about to change. Environment Minister Gerretsen has announced the formal beginning of consultations on the long-overdue transformation agenda for Ap…
View the post titled Approvals Reform, at last?Fairness, non-polluter pays and Kawartha Lakes
Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.
View the post titled Fairness, non-polluter pays and Kawartha LakesContracts with consultants
Dianne spoke this week on why you should take nothing for granted when hiring environmental consultants, and especially should not accept the “standard terms and conditions” proposed by most major consulting firms in Ontario. Here is the presentation: Working with Consultants.
View the post titled Contracts with consultantsReceive Blog Posts
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