The Harsh Reality of Director and Officer Environmental Liability: Baker v. Director (MOE) June 06, 2013 Alexandria Pike The Environmental Review Tribunal recently refused to stay an MOE remedial order against a group of former officers and directors pending the hearing of the appeal of the order, notwithstanding there being no immediate risk to the environment (since work was being undertaken by the MOE).
Building Owners Must Take Due Diligence to Prevent Bird Collisions: Podolsky v. Cadillac Fairview June 06, 2013 Charles Hatt The recent ruling in Podolsky v. Cadillac Fairview shows that building owners and operators can be held liable for bird deaths caused by collisions with the reflective glass surfaces of their buildings, and also illustrates the impact that private prosecutions can have.
Municipality Liable in Negligence for Damage from Storm Sewer June 06, 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 June 06, 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 March 28, 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? March 28, 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 March 28, 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 March 28, 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 March 28, 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”? March 28, 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.