Articles 2019

This article discusses recent climate change litigation cases and the type of actions being brought in respect of climate change.

This article considers the Ontario Superior Court of Justice's recent decision in MVL Leasing Ltd. v CCI Group Inc. 2018 ONSC 1800. The Court granted Rule 21 motions striking third party claims brought by an environmental consultant who was being sued by a purchaser of property for professional negligence and breach of contract.

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

This article discusses legal adaptations that may occur in the face of climate change and increased flooding

This article discusses the new Impact Assessment Act, which has been proposed by the federal government to replace Canada’s current environmental assessment legislation.

This article discussions the potential changes to the federal Fisheries Act proposed by the Trudeau government.

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.

This article discussed the first ERT decision to revoke an REA based on the finding of harm to human health.

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.