OCA agrees: Ministry of Everything
When fly-rock from a blasting site hits a house, is that a “discharge” of a “contaminant” that must be immediately reported to the Ministry of the Environment Spills Action Centre? Ontario’s Court of Appeal says “yes”.
View the post titled OCA agrees: Ministry of EverythingWill the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?
View the post titled Will the SCC grant leave in Smith v Inco?Smith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationPollution, hot spots and environmental justice
Is it acceptable for legal pollution levels to be higher in some neighbourhoods than in others? In the US, pollution is often concentrated in areas of colour, including the famous Cancer Alley. Changing this is called “environmental justice”, and is an important priority for US EPA Administ…
View the post titled Pollution, hot spots and environmental justiceWhat was she thinking?
In R. v. Matchim, a recent case before the Ontario Court of Justice (March 18 2011), firefighters extinguished a blaze in the basement of a home on Vincent Street, in Newmarket. An explosion then occurred in the main sanitary sewer line on the street.
View the post titled What was she thinking?Do Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…
View the post titled Do Pollution Exclusion clauses work?Hanna leave to appeal denied
On Monday, the Ontario Court of Appeal denied Ian Hanna’s request for leave to appeal the decision of the Divisional Court, which unanimously rejected his attempt to prevent Ontario from issuing renewable energy approvals for large wind turbines. Judges Goudge, MacFarland and Watt ord…
View the post titled Hanna leave to appeal deniedFlying 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?Upset, 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 enoughReceive Blog Posts
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