Statutory "Polluter Pay" Liability in British Columbia – The Perils of Pre-EMA Activity March 08, 2016 Lynn Mitchell Lynn comments on the 2015 British Columbia Court of Appeal decision in J.I. Properties Inv. v. PPG Coating Canada Ltd., 2015 BCCA 472, that upheld a $4.7 million award of statutory remediation costs against the former owner of a site who had previously remediated the site to the satisfaction of B.C. environmental regulators in the mid-1980s.
Province Releases Excess Soil Management Policy Framework March 08, 2016 Laura Bowman, a staff lawyer at Ecojustice. Laura comments on the Ministry of the Environment and Climate Change's posting of an Excess Soil Management Policy Framework (“proposed framework”) that proposes a path forward and guiding principles for the development of policy related to the management of excess soil. Comments on the proposed framework may be submitted on the Environmental Registry up until March 26, 2016.
Ninety-Nine Problems: Ontario Court of Appeal Releases Significant Decision for Environmental Civil Litigation March 07, 2016 Jack Coop, Jennifer Fairfax, Patrick G. Welsh and Rebecca Hall-McGuire The authors provide their views on the impact of the Ontario Court of Appeal's decision in Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819.
Insurers Off the Hook for Release of Pollutants Caused by Fire March 07, 2016 John Georgakopoulos, Matthew Gardner and Julia Paillé The authors comment on the Supreme Court of Canada's denial of leave to appeal the British Columbia Court of Appeal's decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., which dealt with the interpretation and application of pollution exclusion clauses in commercial general liability insurance policies.
Fisheries Act Policy and Management, Justin Trudeau Style: An Overview of November 2015 Federal Ministerial Mandate Letters & their Potential Impacts "in the Water" March 07, 2016 David McRobert and Julian Tennent-Riddell The authors examine ministerial mandate letters issued by Prime Minister Trudeau on November of 2015 and opine on their potential impact on fisheries policy.
The Paris Agreement: Winds of Change January 21, 2016 Lana Finney and Simon Hurdon The authors discuss the Paris Agreement signed by 196 nations on December 12, 2015, next steps and what's already being done in Canada.
Historic Global Climate Agreement is Reached January 05, 2016 Laura Zizzo Laura summarizes the Paris Agreement to decarbonize the economy, work collectively to reduce global greenhouse gas emissions and limit global temperature increases that was adopted by 195 nations on December 12, 2015 at COP 21.
Overview of Ontario’s Most Recent Addition to Environmental Legislation: The Great Lakes Protection Act, 2015 December 18, 2015 Talia Gordner On November 3, 2015, Ontario’s Great Lakes Strategy was adopted by the province in the form of the Great Lakes Protection Act, 2015 (GLPA). In this article, Talia Gordner discusses the key features of the GLPA.
Case Law Update: GFO v MOECC, 2015 ONSC 6581 December 08, 2015 Julia Schatz and Hartlee Zucker The authors provide an update on litigation regarding Ontario's new regulation of the purchase and sale of neonicotinoid pesticides.
The Environmental Law Section’s Programming and Other Interactive Opportunities for 2015-2016: Enriching the Experience December 08, 2015 Michael Fortier Michael Fortier, Chair of the Ontario Bar Association's Environmental Law Section ("ELS") provides an update on ELS' programs and interactive initiatives for 2015-2016.