BP spill anniversary, lawsuits growing
On the first anniversary of the Deepwater Horizon oil spill, lawsuits against BP continue to spread. Individuals and public and private entities at all levels are adding their claims, before today’s deadline. All 15 members of the Plaintiffs Steering Committee are actively inviting cli…
View the post titled BP spill anniversary, lawsuits growingUpset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughChevron, Ecuador, and court shopping
30,000 people, including indigenous tribes, suing Chevron (for toxic waste discharges by its predecessor, Texaco) obtained an $8.6 billion judgment this week from the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. The penalty is reportedly to be doubled if Chevron does not…
View the post titled Chevron, Ecuador, and court shoppingClimate change lawsuits
Climate change creates winners and losers. When the losers look for someone to blame, and someone to pay, whom will they find? A few cases have begun to explore how the common law can be used, either to seek damages for climate destruction, or to enjoin further emissions. As with any new sci…
View the post titled Climate change lawsuitsTexas wind lawsuit a sign of things to come?
A major Texas wind lawsuit has underscored the importance of proper contracts to allocate the common risk of inadequate transmission capacity.
View the post titled Texas wind lawsuit a sign of things to come?What do we owe our neighbours?
Property owners must not worsen problems faced by their neighbours. In Donley Investments Ltd. v. Canril Corp., Canril owned a vacant commercial property at 90 George Street in Ottawa, one inch west of the Donley building. The Donley basement began flooding in February 2003, after a broken C…
View the post titled What do we owe our neighbours?Public Participation- Stopping SLAPPs
One of my recent pro bono projects has been develop the Ontario Bar Association’s submission on the need for a new law to control Strategic Lawsuits against Public Participation (SLAPPs). The submission is now posted, and I’ll be presenting it to the Attorney General’s emin…
View the post titled Public Participation- Stopping SLAPPsAir pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …
View the post titled Air pollution class action against the tar sands?More Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…
View the post titled More Olympic nuisance lawsuitsOlympic 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 actionReceive Blog Posts
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