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 Paula Lombardi

Today
Today

Hot off the Press: The CSA Issues Guidance on Climate Change-Related Risks

  • September 23, 2019
  • Irwin Greenblatt, Eric Roblin and Jennifer Humphrey, Fogler, Rubinoff LLP

Published on August 1, 2019, the CSA Staff Notice 51-358 Reporting of Climate Change-related Risks, highlights the disclosure obligations of a securities issuer in light of climate change-related issues as they relate to the issuer's MD&A and AIF. This article explains those risks and their impact.

Environmental Law, Student Forum

What Should You Know About the Coming into Force of the Impact Assessment Act?

  • September 23, 2019
  • Stanley Berger, partner Fogler, Rubinoff LLP

The Impact Assessment Act and two important regulations came into force in August 2019, transferring greater oversight of the federal environmental assessment process to the new Impact Assessment Agency. This article summarizes these oversight powers and how they have changed from the previous regime.

Environmental Law, Student Forum

Lack of Progress on Fossil Fuel Subsidies Reform Undermines Historical Progress Made by Recent Fisheries Act Amendments in Canada

  • July 04, 2019
  • Carissa Wong

Canada’s subsidies of fossil fuels (particularly diesel) support over-fishing by industrial fleets, and undermine the progress of recent amendments to the Fisheries Act to rebuild devastated marine fish and shark populations. More attention and concrete action through World Trade Organization law reform is needed to transition Canada out of fuel subsidies and ultimately enhance fish and shark stocks.

Environmental Law, Natural Resources and Energy Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (May 21 – 24, 2019)

  • June 01, 2019
  • John Polyzogopoulos

Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.

Civil Litigation, Environmental Law, Student Forum

Granting Lake Erie Environmental Rights: Will it work?

  • April 26, 2019
  • David McRobert and Bianca Salive

This article considers the recent bill of environmental rights that one city granted to Lake Erie. It examines the history of granting legal rights to nature, as well as arguments for and against. While reluctant to dismiss granting nature legal rights as largely a façade, the authors conclude that more complex regulatory solutions premised on cooperation between multiple stakeholders seem more likely to deliver a viable, long-term solution for the Lake.

Environmental Law, Student Forum

Supreme Court of Canada Decision in Redwater: Early implications

  • March 30, 2019
  • Melanie Gaston, Janice Buckingham, Emily Paplawski

The decision in Redwater Energy Corporation (Re) may, for now, resolve the uncertainty regarding the end‐of‐life obligations owed by an AER licensee debtor in an insolvency proceeding. This article describes the likely consequences of the decision for the federal insolvency regime, energy industry, debt financing, and directors of oil and gas companies.

Environmental Law, Student Forum

Insolvency and Environmental Law Collide: Supreme Court of Canada rules in favour of Alberta energy regulator in Redwater decision

  • March 30, 2019
  • Tamara Farber and Sherry Kettle

The SCC’s decision in Orphan Well Association v. Grant Thornton Limited says there are end-of-life remedial obligations associated with a bankrupt’s non-productive wells that have to be addressed. These remedial obligations are a prioritization of the use of the bankrupt’s assets for compliance with its regulatory obligations to clean up under the terms of its licenses.This article provides an overview of the impact of the decision on insolvency professionals and secured creditors.

Environmental Law, Student Forum

A Guide to Cannabis Waste Management Under Canada's Environmental Laws

  • March 30, 2019
  • Oliver Moore and Jason Worobetz

In 2018, the Cannabis Act came into force and introduced a federal regulatory regime to control the licensing and production of cannabis. However, the Act is largely silent as to the environmental obligations of licensed cultivators and processors (“licensees”). Licensees currently operate in a complex and overlapping environmental regime with significant potential liability. This article provides an overview of a licensee’s key obligations in regard to cannabis waste management.

Environmental Law, Student Forum

Ontario’s Proposal to Address Greenhouse Gas Emissions: Industrial Emission Performance Standards

  • March 30, 2019
  • John Georgakopoulos, Joanna Vince, and Madiha Vallani,

Secured creditors should engage with the debtor, environmental and insolvency professionals as quickly as possible to protect their investment in collateral. Secured creditors will also need to consider whether it makes sense to risks of regulatory orders if they commence an insolvency process as there is a risk that there will be no distribution to creditors after satisfying environmental obligations.

Environmental Law, Natural Resources and Energy Law, Student Forum