Kivalina loses its climate change nuisance case again
The City and Village of Kivalina, population about 400, sits on the tip of a six-mile barrier reef on the northwest coast of Alaska. The residents depend on the sea ice that forms along the coast to shield them from violent storms. Sea ice has consistently declined in recent years – i…
View the post titled Kivalina loses its climate change nuisance case againInco awarded $1,766,000 in costs for contamination class action
Justice J. R. Henderson of the Ontario Superior Court has awarded Inco $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action in Port Colborne, Ontario. This is less than a quarter of Inco’s actual legal costs, which exceeded $5,340,000 after certi…
View the post titled Inco awarded $1,766,000 in costs for contamination class actionScience, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…
View the post titled Science, proof and causation: when courts and scientists disagreeMore rulings for cyclists against municipalities
Two Quebec cases have held municipalities liable, where cyclists were injured when they lost control of their bicycles after riding over unexpected defects in the road. In Wilson Davies c. Montreal (Ville de), the cyclist was severely injured when she was thrown from her bicycle and became a…
View the post titled More rulings for cyclists against municipalitiesUS Fracking lawsuits
Fracking lawsuits are spreading across the US. The first cases were launched in Pennsylvania in 2009, claiming damages for contamination of the aquifers on which the plaintiffs depend. Since then, other cases have been launched by dozens of property owners in Pennsylvania, Texas, Arkansas, C…
View the post titled US Fracking lawsuitsMichaud v Sun Corp
Michaud v. Sun Corp. is a civil action that has been commenced in the Ontario Superior Court by a neighbour of the Kent Breeze Wind Farm. Unlike the Hanna and Erickson cases, which unsuccessfully attempted to prevent the permitting of wind projects, the Michaud case seeks damages and an inju…
View the post titled Michaud v Sun CorpOff shore wind lawsuit
Before the election, the McGuinty government put a moratorium on offshore wind projects, claiming that further research was needed. Now, one of the companies that planned to build an off-shore wind farm in Lake Ontario is suing for compensation.
View the post titled Off shore wind lawsuitAnother noise lawsuit
A group of Calgary residents have launched another civil lawsuit, trying to force a local chicken processing plant (Lilydale) to slash noise and odour. The statement of claim asks the Alberta Court of Queen’s Bench to order Lilydale to stop night-time trucking at its Hurst Road plant, limit …
View the post titled Another noise lawsuitLawsuit 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 odourClimate 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?Receive Blog Posts
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