False or misleading Records of site condition
Is a site really clean? Can you trust a Record of Site Condition? We keep finding examples of why the Ministry of the Environment had to tighten the obligations of Qualified Persons in Regulation 153/04, the regulation that governs contaminated sites. The regulation requires a Qualified Pers…
View the post titled False or misleading Records of site conditionDownloading 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 municipalitiesBuy 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 BerendsenTaking climate change to the courts
On Friday, October 16, a second major US appeals court ruled that victims of climate change can sue polluters. In Comer v. Murphy Oil USA (5th Cir.), victims of Hurricane Katrina sued a number of companies that produce fossil fuels for causing greenhouse gas emissions that contributed to cli…
View the post titled Taking climate change to the courtsInfrastructure P3 builders liable for nuisance
Similar facts could easily arise on many other infrastructure projects across Canada; there is almost always a more expensive alternative that would reduce disruption for nearby residents and businesses. And governments rarely select that alternative.
View the post titled Infrastructure P3 builders liable for nuisanceMore trouble with environmental experts
In 1996, there was a devastating flood in part of the City of Ottawa. A number of residents sued the City, alleging that its storm water drainage system was inadequate. The City retained Robert Bishop of MMM as its expert witness. Bishop reported that the drainage system in the area met all…
View the post titled More trouble with environmental expertsReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.