Olympic 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 actionBetter ideas about liability, allocation and fairness
Kudos to the Nova Scotia Law Reform Commission for its thoughtful and groundbreaking report on how to encourage redevelopment of contaminated sites. Unlike the recent decision of Ontario’s Environmental Review Tribunal in Kawartha Lakes, the commission recognizes that uncertain and unf…
View the post titled Better ideas about liability, allocation and fairnessContracts with consultants
Dianne spoke this week on why you should take nothing for granted when hiring environmental consultants, and especially should not accept the “standard terms and conditions” proposed by most major consulting firms in Ontario. Here is the presentation: Working with Consultants.
View the post titled Contracts with consultantsMore thoughts about fairness
The Nova Scotia Law Reform Commission wrestled recently with the concept of fairness in environmental liability, especially in relation to retroactive laws and joint and several liability. It is interesting to compare this to the ERT decision in Kawartha Lakes in November:
View the post titled More thoughts about fairnessDownloading liability on municipalities
Senior governments seem to have no shame about downloading enormous, undisclosed environmental liabilities on municipalities. In an English case, Corby Group Litigation v. Corby District Council, the Corby Borough Council (CBC) has been held liable for allowing residents to become exposed t…
View the post titled Downloading liability on municipalitiesWhy is fairness irrelevant?
Innocent parties forced to pay unfair environmental costs should seek compensation in the civil courts, and should not expect any help from the ERT.
View the post titled Why is fairness irrelevant?Buy contaminated site, then sue?
I have never understood why so many people think they can knowingly buy a contaminated site and then force someone else to clean it up.
View the post titled Buy contaminated site, then sue?US liable for Katrina damages
Canadian courts would also be likely to hold government liable for negligent operation of a public work that caused substantial damage to individuals. Given the predicted intensity and ferocity of future storms in Canada, governments at all levels should be looking carefully at how they …
View the post titled US liable for Katrina damagesCourt of Appeal overturns Berendsen
The most lasting impact of Berendsen may be Judge Seppi's trenchant criticism of the MOE's standard-setting process, and its failure to consider either cumulative effects or special sensitivities of some species.
View the post titled Court of Appeal overturns BerendsenAnother wind energy lawsuit
If you have been at Kingston’s waterfront lately, you’ve seen an 86-turbine wind farm on nearby on Wolfe Island. According to TransAlta, the operator, it’s the second largest wind farm in Canada. The non-profit Hearthmakers Energy Co-operative is proud of the spinning blades and…
View the post titled Another wind energy lawsuitReceive Blog Posts
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