Ecojustice asks Commissioner to improve contaminated sites law
The farther we move away from the “polluter pay” principle, the greater the disarray in Ontario’s contaminated sites law and policy, and the greater its economic and environmental harm. The Ontario Bar Association is working on a submission to the Law Commission of Ontario,…
View the post titled Ecojustice asks Commissioner to improve contaminated sites lawTribunal cracks down on non-expert anti-wind “experts”
Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propo…
View the post titled Tribunal cracks down on non-expert anti-wind “experts”Ruling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
View the post titled Ruling: Wind turbine approvals comply with the CharterInstitute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors‘ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Ne…
View the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityBill 83: Anti SLAPP law at last
Ontario is finally introducing an anti SLAPP law later today, the Public Participation Act, 2013. We worked hard to reach this result, through the Ontario Bar Association, and in cooperation with other stakeholders. Lets hope it is acceptable to the NDP and will be passed with their support.
View the post titled Bill 83: Anti SLAPP law at lastWainfleet’s anti-wind turbine by-law invalid
In Wainfleet Wind Energy Inc. v. Township of Wainfleet (2013 ONSC 2194), Ontario’s Superior Court of Justice found the Township’s anti-wind by-law invalid for vagueness and uncertainty.
View the post titled Wainfleet’s anti-wind turbine by-law invalidWho has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.
View the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionWhy the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In…
View the post titled Why the Supreme Court decision in AbitibiBowater won’t workAnnual review of insolvency law: Why Abitibi rule is backwards
Dianne Saxe gave a well received presentation on the Abitibi case at the Annual Review of Insolvency Law in Montréal during the big snowstorm. In essence, Dianne believes that the Supreme Court’s decision, that the provincial environmental orders were subject to federal insolvency rule…
View the post titled Annual review of insolvency law: Why Abitibi rule is backwardsTown liable for negligence re developer's storm sewer
Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such…
View the post titled Town liable for negligence re developer's storm sewerReceive Blog Posts
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