Articles

Image of a finger going along text on a tablet. The below articles are published by the Environmental Law Section of the Ontario Bar Association. Members are encouraged to submit articles. View the article disclaimer

Editors: Dina Awad and Diana Weir

Today
Today

Logging Companies Fined $2.2 Million Under the Fisheries Act

  • March 20, 2017
  • Paula Boutis

Paula reports on the B.C. Provincial Court sentencing decision in R. v. Gwaii Wood Products Ltd., et al, 2017 BCPC 6 for convictions on charges under section 35(1) of the Fisheries Act resulting from logging and road construction that resulted in the harmful alteration, destruction or disruption of fish habitat.

Environmental Law

Statutory Right to Compensation for Remediation Applies to Spills Occurring Before the Right was in Force

  • March 20, 2017
  • Stan Berger

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.

Environmental Law

Director and Officer Liability Post Midwest

  • February 28, 2017
  • Tamara Farber

Tamara discusses director and officer liability in the wake of the Ontario Court of Appeal's decision in Midwest Properties Ltd. v. Thordarson, 2015 OCA 819 where John Thordarson and his company, Thorco Contracting Limited were held to be jointly and severally liable for $1,328,000 in remediation costs to Midwest under section 99(2) of the Environmental Protection Act.

Environmental Law

Ontario Court of Appeal Makes Significant Limitations Ruling

  • January 25, 2017
  • Jack D. Coop

Jack comments on the Ontario Court of Appeal's January 11, 2017 decision in Crombie Property Holdings Limited v. McColl-Frontenac Inc. (Texaco Canada Limited), 2017 ONCA 16 that overturned a summary judgement decision dismissing a civil lawsuit seeking damages for property contamination based upon the running of a limitation period.

UK Environmental Law in the Wake of Brexit

  • January 25, 2017
  • Lana J. Finney and Mackenzie Clark

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.

Environmental Law

Carbon Offset Credits

  • January 03, 2017
  • Alexandra Sadvari and Benjamin Ojoleck Alexandra is an Associate at Gowling WLG Benjamin is an articling student at Gowling WLG

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

Environmental Law