Municipality Liable in Negligence for Damage from Storm Sewer 06 juin 2013 Marc McAree, Matt Gardner In Pearson v. Fort Frances, a court found a municipality liable for its negligent handling of a broken sewer pipe at a residential property, bypassing statutory protections from liability that only apply to nuisance claims against municipalities.
Message from the Editors 06 juin 2013 Julia Croome, Raj Bharati A farewell message from the editors as we pass on the reins to Laura Bowman and Matt Gardner for the upcoming OBA year.
Recent Developments in Municipal Hazardous and Special Waste Management in Ontario 28 mars 2013 David McRobert David McRobert describes how municipal hazardous and special waste management in Ontario is becoming more fragmented.
Ontario's New Greenhouse Gas Strategy: Is it a Workable Solution? 28 mars 2013 Michael S. Hebert, Julian J. Hutchinson Ontario releases a greenhouse gas reduction discussion paper that portends the eventual adoption of a cap and trade system, but will it be a success?
Renewable Energy Approval Appeal Proceedings at the ERT: Building Jurisprudence in Wind Appeals 28 mars 2013 Jack Coop, Dan Kirby, Jennifer Fairfax, Lindsay Rauccio A review of numerous Ontario wind decisions identifies the major developments and trends in the jurisprudence.
Environmental Nuisance and Negligence Still Alive and Well After Smith v. Inco 28 mars 2013 Natalie Smith Environmental class actions still alive and kicking after Smith v. Inco: In Ladd v. Vale Canada Limited Vale's summary judgment motion was denied in a class action relating to the same contamination.
The Biskey Decision 28 mars 2013 Michael Fortier A forceful reminder of the need for a continuing causal link between negligence and damages for a successful award.
Shark Fin Ban Case: Does Biodiversity Have Anything to Do With Social and Civic “Well Being”? 28 mars 2013 Laura Bowman Laura Bowman considers how the recent striking down of the City of Toronto's ban on shark fin products affects municipalities' ability to regulate environmental matters.
Newfoundland v. AbitibiBowater: When “Polluter Pays” Becomes “Taxpayers Pay” 28 mars 2013 Catherine Powell,Umair Abdul What happens to outstanding environmental orders when a company goes bankrupt? This article analyzes the Supreme Court of Canada's recent decision on the issue.
Message from the Editors 28 mars 2013 Raj Bharati, Julia Croome Our third edition of Environews this OBA year illustrates the breadth and diversity of environmental law.