Articles 2019

On Friday, October 7, 2016, Ontario's Environmental Review Tribunal released its decision in Wiggins v. Ontario (MOECC) (ERT Case Nos.: 16-036 to 16-042), and for the first time, found that engaging in an approved wind farm in accordance with its approval would cause serious harm to human health, as well as serious and irreversible harm to animal life, plant life or the natural environment.

The right to be tried within a reasonable time is a constitutionally protected right under the Canadian Charter of Rights and Freedoms. The SCC recently set an upper limit of 18 months as the presumed ceiling for a reasonable time to trial.

Jack compares recent approaches to sentencing under the Occupational Health and Safety Act and the Environmental Protection Act.

Paula summarizes the recent Superior Court decision in Dobara Properties Limited et al. v. Arnone et al., 2016 ONSC 3599 in which self-represented plaintiffs were able to recover remediation costs from their former litigation counsel who missed a limitation period to recover same from the plaintiffs' former real estate counsel.

Paula summarizes the federal government's recently released draft regulations for the Environmental Violations Administrative Monetary Penalties Act.

The authors comment on the Ontario Court of Appeal's decision, released on April 20, 2016, upholding Ontario's regulation of the purchase and sale of neonicotinoid pesticides (Ontario Regulation 139/15).

Realtors beware of potential MOECC clean-up orders. John discusses the situation that lead to the Environmental Review Tribunal's April 14, 2016 decision in McQuiston v. Ontario (MOECC) (ERT Case Nos. 15-09 through 15-024).

The authors argue for a review and potential update to Ontario's Environmental Bill of Rights, 1993.

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.

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.