Articles 2022

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.

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.

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.

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

The authors discuss the Environmental Review Tribunal's decisions in Rubin v Ontario (Environment and Climate Change), [2016] OERTD No 20 and Technical Standards and Safety Authority v Kawartha Lakes (City), [2016] OERTD No 8.. In these decisions, the Tribunal explored the purpose of Notices of Allegation against third parties in appeals of environmental orders.

Ian reports on changes that the Ontario Ministry of the Environment and Climate Change is considering to the way it assesses contaminant emissions in its environmental compliance approval process.

The authors discuss the role of experts in environmental litigation and summarize the trial decision in Weenen v. Biadi, 2015 ONSC 6832.