About Articles The below articles are published by the Environmental Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Rizwan Khan


Ontario Court of Appeal Interprets Unclear Inndemnity for Historical Mercury Contamination in Grassy Narrows

  • July 05, 2018
  • James Goacher

Indemnities are a tool for allocating risk. Contracting parties often use indemnities to achieve certainty and finality in their affairs. This requires drafters to be conscious of the assumptions and inferences that a court might draw when interpreting the contract. A recent Ontario Court of Appeal decision, Weyerhaeuser v. Ontario (Attorney General), 2017 ONCA 1007, highlights the need for clear language to establish air-tight indemnities.

Environmental Law, Student Forum

When the Polluter Doesn’t Pay: A Critical Review of Redwater and its Implications

  • June 07, 2018
  • Nicholas Avis

The winning entry for the 2018 Michael MacNaughton Student Writing Award for Insolvency Law, the article considers the controversial decision of the Alberta Court of Appeal affirming the decision in Redwater Energy Corporation (Re) (2016), 33 Alta LR (6th) 221 (Alta QB).

Environmental Law, Insolvency Law, Student Forum

Federal Government Moves to Ban Asbestos

  • May 22, 2018
  • OIiver Moore and Jean Piette, Norton Rose Fulbright Canada LLP

The Canadian government's ban on asbestos and asbestos-containing products will apply to the use, manufacture, import and export of any product containing asbestos, with the goal being to eventually reduce the rate of asbestos-related diseases. Here, the authors review the proposed Prohibition of Asbestos and Asbestos Products Regulations, which are expected to come into force as of 2019.

Environmental Law, Student Forum

Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where are we now?

  • May 15, 2018
  • Kirsten Mikadze and Paula Lombardi

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time period. There was speculation at the time of the decision’s release about its impact upon environmental prosecutions. Here, we survey some of the most salient points from decisions that have emerged over the past 1-1/2 years.

Environmental Law, Student Forum