Articles 2022

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.

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.

Stan comments on the Ontario Superior Court of Justice trial decision of March 6, 2017 in Huang v. Fraser Hillary's Limited, 2017,. ONSC 1500. The trial court awarded the plaintiff compensation under s.99(2) of the Environmental Protection Act for dry cleaning solvent contamination on its property that was allowed to enter the defendant's property in the 1960s and 1970s, up until 1974.

Jack comments on the January 19, 2017 oral decision of the Supreme Court of Canada in R. v. Bédard in which the Court confirmed the law of officially induced error.

Jack comments on the January 20, 2017 Ontario Court of Justice summary judgment decision in Yaiguaje v. Chevron Corporation, 2017 ONSC 135 that terminated a civil claim by Ecuadorian plaintiffs against Chevron Canada Limited.

The authors consider Brexit’s effect on UK environmental law and identify potential models the UK might implement to address gaps in environmental law post-Brexit.

Alex and Ben provide an overview of the MOECC's Carbon Offset Credits Regulatory Proposal.

Jack reports on the MOECC's recent implementation of the Waste-Free Ontario Act, 2016.