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 and Carissa Wong


Eagleridge International Ltd: What happens when regulatory approval is granted and then withdrawn after a change of government

  • November 23, 2018
  • Stanley Berger

In Eagleridge International Ltd. v. Newfoundland and Labrador, following a change of government, the new provincial Minister of Environment and Conservation withdrew approval for the construction of a gravel road intended to facilitate mineral exploration on lands and ordered that the project be subject to a full environmental assessment (EA). Eagleridge was entitled to proceed in accordance with the release from the full EA granted by the Minister before the change in government.

Environmental Law, Student Forum

New Details on Application of Federal Carbon-Pricing Backstop

  • November 16, 2018
  • Andrew T.R. Chachula, Sarah E. Gilbert and Thomas W. McInerney

In October, the federal government made further announcements regarding the federal carbon-pricing “Backstop”, providing details on where the pricing system will apply and how the revenues for provinces and territories will be used. The Backstop ensures a national carbon-pricing system that applies to greenhouse gas emissions from a broad set of sources, which is revenue-neutral to the federal government. Ontario and Saskatchewan have commenced legal actions to challenge the Backstop.

Student Forum

Federal Prohibition on Asbestos Regulations – New restrictions on the importation, sale, and use of asbestos-containing products soon to take effect

  • November 16, 2018
  • Lana Finney and Ryan McNamara

In October, Canada published new regulations prohibiting the import, sale, and use of all forms of asbestos, as well as the manufacture, import, sale, and use of products containing asbestos filaments. In addition, under amendments to the Environmental Protection Act, Canada now prohibits the export of asbestos in all its forms. This article gives an overview of the affected industries, exceptions and activities not covered, as well as the new import and use permit regime.

Environmental Law, Student Forum

What Does The Hague Court of Appeal's Decision In Urgenda Mean For Carbon Emission Regulation In Canada?

  • November 09, 2018
  • Stanley Berger

The Court of Appeal in the Hague upheld the District Court's order that the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020. The Court concluded that "a reduction obligation of at least 25% by end - 2020" is in line with the State's duty of care." The Appellate Court rejected the argument that there were multiple pathways to achieving the higher threshold of 2oC and concluded that the technology to achieve these pathways was uncertain and unrealistic.

Environmental Law, Student Forum

Déjà Vu All Over Again: The New (Old) Fisheries Act

  • October 03, 2018
  • Michael Finley

The Fisheries Act remains the only legislation that directly addresses the protection and conservation of fish and fish habitat. Significant amendments to the Fisheries Act are underway through Bill C-68, now before the Senate. Some of the most important will restore the broad habitat and fish protections that were removed in 2012. This article reviews what changed in 2012, why those changes occurred, and what protections Bill C-68 proposes to restore to the Act.

Environmental Law, Student Forum

Federal Court Protects Western Chorus Frog, Restricts Development

  • October 03, 2018
  • Joanna Rosengarten and Claire Seaborn

On June 22, 2018, Canada’s Federal Court released its ruling in Le Groupe Maison Candiac Inc. v Canada (Attorney General) allowing the federal government to restrict development on private land to protect the western chorus frog. The decision weighs heavy on a number of industries as they consider the scope and implications of emergency orders designed to protect at-risk species under SARA.

Environmental Law, Student Forum

Divisional Court Upholds Tribunal Decision that the Ministry May Order Current and Former Owners and Tenants to Delineate Contamination that has Migrated Off-site

  • September 10, 2018
  • Stan Berger and Albert Engel, partners and certified Environmental Law specialists, Fogler, Rubinoff LLP

Stan and Albert report on the Divisional Court's September 4, 2018 decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010.

Environmental Law, Student Forum

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