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 Diana Weir

Today
Today

COURT REJECTS ENVIRONMENTAL CONSULTANT'S THIRD PARTY CLAIM AGAINST PRIOR OWNERS/OCCUPANTS

  • April 03, 2018
  • Stan Berger

This article considers the Ontario Superior Court of Justice's recent decision in MVL Leasing Ltd. v CCI Group Inc. 2018 ONSC 1800. The Court granted Rule 21 motions striking third party claims brought by an environmental consultant who was being sued by a purchaser of property for professional negligence and breach of contract.

Environmental Law, Real Property Law

ECOJUSTICE DENIED LEAVE TO INTERVENE AS "FRIEND OF COURT"

  • March 29, 2018
  • Jack D. Coop

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Natural Resources and Energy Law

Insurer off-the-hook for Release of Pollutants Caused by Fire

  • March 29, 2018
  • John Georgakopoulos and Matthew Gardner, Willms & Shier Environmental Lawyers LLP

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Insurance Law

Ontario Court of Appeal Provides Guidance on Landlord Liability for Historical Contamination

  • February 21, 2018
  • Talia Gordner

Following Sorbam Investments Ltd v Litwack, 2017 ONCA 850, which this article considers landlord liability for historical contamination caused by a dry-cleaning tenant and provides guidance that the act of operating a dry-cleaning business alone is not sufficient to establish a foreseeable risk of contamination to leased lands.

Environmental Law