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 applicationMichaud 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 CorpEnvironmental causes of action
The recent Court of Appeal decision in Smith v Inco is requiring Canadian environmental lawyers to carefully rethink environmental causes of action–who can sue who for what? How can Smith v. Inco be reconciled with St. Lawrence Cement v. Barrette? (Different type of nuisance). Why can non-to…
View the post titled Environmental causes of actionPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
View the post titled Port Colborne class action dismissedUnsuccessful SLAPPs
Two British Columbia cases show again why we need laws to prevent Strategic Lawsuits against Public Participation (SLAPPs).
View the post titled Unsuccessful SLAPPsLawsuit 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 odourTransit, loss, and compensation
Our column in today’s award-winning SLAW revisits the Heyes case. “Public works often impose heavy losses on those in private property nearby. Under what circumstances should they be compensated? That should have been the question in Heyes v. Vancouver, now Susan Heyes Inc. (Haz…
View the post titled Transit, loss, and compensationSLAPPS, wind and libel chill
We really need legislation to stop SLAPPs. According to the Ontario Anti-SLAPP panel report: “Strategic litigation against public participation (SLAPP) has been defined as a lawsuit initiated against one or more individuals or groups that speak out or take a position on an issue of pub…
View the post titled SLAPPS, wind and libel chillHeyes appeal: Subway construction a nuisance?
Is transit construction a nuisance? The British Columbia Court of Appeal has released its decision in Heyes v. Vancouver, now called Susan Heyes Inc. v. South Coast BC Transportation Authority. The court overturned a $600,000 judgment awarded to a local store owner, who was driven out of bus…
View the post titled Heyes appeal: Subway construction a nuisance?Nuclear Liability caps in Japan
Japan has nuclear liability caps much higher than those in Canada. Under the Law on Compensation for Nuclear Damage, plant operator liability is exclusive and absolute, and power plant operators must provide a ‘financial security amount’ of ¥120 billion ($1.2 billion), 16 times t…
View the post titled Nuclear Liability caps in JapanReceive Blog Posts
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