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


Rubin v MOECC: Balancing Environmental Protection and Financial Hardship

  • December 23, 2016
  • Julie Abouchar, Matthew Gardner and Serin Remedios

The authors report on the Environmental Review Tribunal's decision in Rubin v Ontario (Environment and Climate Change), 2016 CanLII 24523 (Ont ERT) where it found that ordering individuals to complete work, where those individuals cannot afford to complete the work, does not benefit the environment.

ERT Finds Wind Farm Will Cause Serious Harm to Human Health, Serious and Irreversible Harm to Little Brown Bat

  • October 17, 2016
  • Albert Engel

On Friday, October 7, 2016, Ontario's Environmental Review Tribunal released its decision in Wiggins v. Ontario (MOECC) (ERT Case Nos.: 16-036 to 16-042), and for the first time, found that engaging in an approved wind farm in accordance with its approval would cause serious harm to human health, as well as serious and irreversible harm to animal life, plant life or the natural environment.

Environmental Law

Unreasonable Delay and Environmental Prosecutions

  • October 03, 2016
  • Julie Abouchar and Anand Srivastava

The right to be tried within a reasonable time is a constitutionally protected right under the Canadian Charter of Rights and Freedoms. The SCC recently set an upper limit of 18 months as the presumed ceiling for a reasonable time to trial.

Environmental Law

Former Counsel Escapes Damages Award When New Counsel Fails to Start Claim on Time

  • October 03, 2016
  • Paula Boutis

Paula summarizes the recent Superior Court decision in Dobara Properties Limited et al. v. Arnone et al., 2016 ONSC 3599 in which self-represented plaintiffs were able to recover remediation costs from their former litigation counsel who missed a limitation period to recover same from the plaintiffs' former real estate counsel.

Environmental Law