Articles

Officers or directors of corporations that have ever owned, occupied or managed contaminated real estate have absolute environmental liability, whether or not the contamination occurred during their tenure, and regardless of fault.

The Environmental Bill of Rights, 1993 should be well known to environmental lawyers in Ontario. This one-of-a-kind piece of legislation creates several tools to ensure government accountability in environmentally significant decision-making.

On October 3, the OBA Environmental Law and Young Lawyers sections held a mentorship dinner for new environmental lawyers. Enclosed with this article is a handout document from the session, the product of a survey, which provides practical tips and advice the mentors wish they had when starting out.

In July 2013 the Environmental Review Tribunal delivered an unprecedented decision, revoking the Director of the Ministry of Environment's decision to grant a Renewable Energy Approval for a wind turbine project. Why? Turtles.

The OBA has a brand new website! Over the summer, the OBA made extensive changes to its website. The new website is more user-friendly, with many new resources for members.

See photos of the 2013 Willms & Shier Environmental Law Moot, where the University of British Columbia team took home the top prize after arguing the case of Smith v. Inco.

The OBA Environmental Law Section has provided supportive comments on an MOE greenhouse gas reduction discussion paper.

The use of local improvement charges to encourage energy-efficient retrofits to homes and buildings gained provincial authorization last fall, and the City of Toronto has already embarked on a pilot program.

Environmental protection conclusively takes priority over principles of fairness and polluter pays in the context of ERT reviews of MOE clean-up orders.

In a recent decision, a contaminated land plaintiff’s claim for damages was stymied by the MOE having already issued a clean-up order, and because of a lack of evidence on baseline environmental conditions at the time of purchase.