Articles 2022

The authors briefly review the recognition of good faith performance obligations and the recent Bhasin v. Hrynew decision and go on to discuss the applications for this duty in litigation and environmental law contexts.

Sarah provides an overview of three of the many interesting topics covered by the Environmental Commissioner of Ontario ("ECO") in her Annual Report for 2014/2015, which was released on November 3, 2015.

Disappointed purchaser of a contaminated plaza loses multimillion dollar claim against the vendors and his own lawyer.

Within the next 5 years, a live GHG cap and trade system will be a reality in Ontario.

The Court of Appeal has recently discussed the drafting of expert reports and the nature of expert testimony (Westerhof v Gee, 2015 ONCA 206 (CanLII)).

Paper originally presented for Ontario Bar Association Annual Institute “Managing New Environmental Quagmires – Perspectives from the Litigation, Regulatory and Transactional Context” - February 4, 2015

Since 2009, new wind farms being developed in Ontario require a renewable energy approval ("REA"). REAs are issued by Ontario's Ministry of the Environment and Climate Change ("MOECC"). The issuance of a REA by the MOECC gives rise to a statutory appeal right pursuant to section 142.1 of the Environmental Protection Act, R.S.O. 1990, c.E.19 ("EPA").

More than 650 million cows, pigs, and chickens are slaughtered each year in Canada for food. By some estimates, 95 per cent of these animals are raised in intensive livestock operations (“ILOs”). The environmental effects associated with feeding, housing, and transporting them can be significant.

An unusual provision in ‎Ontario's Oil, Gas and Salt Resources Act is Section 11, which, in Subsection 11(1.1), introduces a prohibition on the injection of carbon dioxide (CO2) in connection with certain projects.

On December 29, 2014, the Ontario Divisional Court released its decision in Dixon v. Director, Ministry of the Environment.