Climate change a breach of public trust?
Attorneys representing groups of one or more children and young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide emissions and imp…
View the post titled Climate change a breach of public trust?Flying rock a discharge?
The prosecutor asked the Court to trust the ministry not to prosecute in absurd and inappropriate circumstances.
View the post titled Flying rock a discharge?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?Nuclear Liability caps in Japan
Japan has nuclear liability caps much higher than those in Canada. Under the Law on Compensation for Nuclear Damage, plant operator liability is exclusive and absolute, and power plant operators must provide a ‘financial security amount’ of ¥120 billion ($1.2 billion), 16 times t…
View the post titled Nuclear Liability caps in JapanEnvironmental appeals have to be done right
The Environmental Review Tribunal has reminded all potential appellants that they MUST correctly file their appeals, if they want their case to be heard. In Waterdown Gardens v MOE, a prolonged dispute between the Ministry and the company resulted in two separate orders suspending their cert…
View the post titled Environmental appeals have to be done rightEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
View the post titled Environmental moot courtEnvironmental Violations Administrative Monetary Penalties
The federal Environmental Violations Administrative Monetary Penalties Act is now in force. In June 2009, the federal government passed the Environmental Enforcement Act, to amend nine existing environmental statutes and to create the Environmental Violations Administrative Monetary Penaltie…
View the post titled Environmental Violations Administrative Monetary PenaltiesBP Spill- Never again?
The US National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling reviews, in painstaking detail, the pervasive arrogance, stupidity, and greed that led to the Gulf explosion and spill last spring. They recognize that future spills, such as in the Arctic, could do even …
View the post titled BP Spill- Never again?SLAPP Panel recommends anti-SLAPP law
The Ministry of the Attorney General has published the report of the Anti-SLAPP Advisory Panel. The report is on the Ministry’s web site at: http://www.attorneygeneral.jus.gov.on.ca/english/anti_slapp/anti_slapp_final_report_en.pdf. The panel adopted most of the Ontario Bar Association recom…
View the post titled SLAPP Panel recommends anti-SLAPP lawLaw Society rule change eases investigations
Ontario’s Law Society has changed the rules of professional conduct to make it easier for lawyers investigating a case to communicate with employees and agents of the other side. Rule 6.03 (9) used to prohibit lawyers from communicating with employees and agents of any organization who…
View the post titled Law Society rule change eases investigationsReceive Blog Posts
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