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: Venetia Whiting and Rebecca Hall-McGuire


Ontario Court of Appeal Provides Guidance on Landlord Liability for Historical Contamination

  • February 21, 2018
  • Talia Gordner

Following Sorbam Investments Ltd v Litwack, 2017 ONCA 850, which this article considers landlord liability for historical contamination caused by a dry-cleaning tenant and provides guidance that the act of operating a dry-cleaning business alone is not sufficient to establish a foreseeable risk of contamination to leased lands.

Environmental Law

The Electrification of the Economy: Ontario’s 2017 Long-Term Energy Plan

  • November 30, 2017
  • Richard Wong, Elliot Smith, Jacob Sadikman, Richard King, Rocco Sebastiano, Vince Mazza (Osler, Hoskin & Harcourt LLP)

On October 26, 2017, the Ontario government issued its latest Long-Term Energy Plan (LTEP) pursuant to the Energy Statute Law Amendment Act, 2016, replacing earlier plans issued in 2013 and 2010. The LTEP, which includes forecasts as far as 2035, sets out the government’s goals and objectives relating to the electricity sector.

Emerging Trends in Environmental Class Actions in Canada

  • November 30, 2017
  • Venetia E.K. Whiting and Scott Azzopardi

A discussion of emerging trends in environmental class actions, including the first certification of an environmental class action in BC; 2017's continued the trend in favour of certifying environmental class actions arising from single-incident torts where responsibility is a common issue; environmental claims dealing with historical and continuous harm with limitation period issues remaining a significant hurdle for plaintiffs.

Environmental Law

Supporting Inclusive Resource Development in East Africa

  • November 17, 2017

Supporting Inclusive Resource Development in East Africa (SIRD) is a five year project, funded by Global Affairs Canada, and implemented by the CBA in partnership with law societies in Kenya, Tanzania and Uganda.

Environmental Law

New Directions in Fisheries Act Policy and Law: An Overview of the November 2015 Federal ECCC Mandate Letter & Proposed Legislative Reforms

  • October 30, 2017
  • David McRobert and Julian Tennent-Riddell

This article discusses the impact that Prime Minister Trudeau's November 2015 mandate letter to the Minister of Environment and Climate Change may have had on the enforcement of the Fisheries Act). The article also considers the June 2017 proposals by the federal government to enhance protections for fish and fish habitat and a case study of the Montreal Sewage Dump. This article was originally published in the Fall 2017 issue of WEAO's INFLUENTS Magazine, and is republished with permission.

Environmental Law, Student Forum

Should You Use a Pierringer Agreement?

  • May 26, 2017
  • Julia Vizzaccaro

Julia explores the benefits and pitfalls of using Pierringer (proportionate share) agreements in the context of contaminated sites litigation.

Environmental Law