Environmental 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 actionEscheat is very popular
One of the popular ways of dealing with contaminated sites that are “underwater” i.e. where the economic value of the property does not justify remediation, is to abandon it by letting it escheat to the Crown. Escheat happens when a corporation is dissolved, leaving no one to receive its …
View the post titled Escheat is very popularGood service, great staff
A typical client summarized their experience with our firm as follows: “Good service, great staff”! Another said, “Many thanks to Elaine… She is a gem.” It’s wonderful to hear. And thank you so much for referring your colleagues to us. We really appreciate…
View the post titled Good service, great staffPort 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 dismissedUnsuccessful SLAPPs
Two British Columbia cases show again why we need laws to prevent Strategic Lawsuits against Public Participation (SLAPPs).
View the post titled Unsuccessful SLAPPsLawsuit 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 odourSocial Cost of Carbon
How much should we spend reducing carbon emissions? What will the cost be if we don’t? US federal lawmakers are required to consider the “social cost of carbon” when issuing significant rules, as part of their overall cost/benefit analysis. But how do they calculate it?
View the post titled Social Cost of CarbonHow much notice is enough?
A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough.
View the post titled How much notice is enough?Hanna leave to appeal denied
On Monday, the Ontario Court of Appeal denied Ian Hanna’s request for leave to appeal the decision of the Divisional Court, which unanimously rejected his attempt to prevent Ontario from issuing renewable energy approvals for large wind turbines. Judges Goudge, MacFarland and Watt ord…
View the post titled Hanna leave to appeal deniedTransit, 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 compensationReceive Blog Posts
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