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Few people, however innocent, can afford to appeal environmental orders, if they must also comply with the order throughout the appeal, with little chance of recovering what they will have spent. A recent decision of the Ontario Environmental Review Tribunal (ERT) shows how difficult it has become to obtain a stay pending appeal of environmental orders, with no immediate prospect of improvement. [click to continue…]

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Friends of the Earth is planning a Halloween flash mob tomorrow to swarm Lowe’s in Ottawa, asking them to remove bee-killing products from their shelves. More details here.

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The Yukon government has proposed a new recycling regulation that includes eco fees on tires and electronics. [click to continue…]

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The Canadian Bar Association (CBA) has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court. The Ecuadorian plaintiffs in the case are seeking to enforce a $9.5 billion judgment obtained in Ecuador for terrible oil pollution and health damages allegedly caused by Texaco and others. Chevron (the corporate successor of Texaco) has no direct assets in Canada, but does have an indirect Canadian subsidiary with substantial assets. Chevron has obtained a US court decision that the Ecuador judgment was obtained by fraud, and argues that it cannot and should not be enforced in Canada.

The CBA originally decided to intervene to support a traditional pillar of Canadian corporate law: that, for most purposes (barring fraud), each corporation is a separate legal person, liable for its own obligations but not for those of their parent and subsidiary companies. This provoked a furious debate. Which side of this difficult case is in “the public interest”? [click to continue…]

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Dianne Saxe spoke yesterday at the Law Society of Upper Canada’s annual Six Minute Environmental Lawyer on Certificates of Property Use and Risk Management Measures for contaminated sites in Ontario after risk assessment under the Environmental Protection Act: What they are, how to get them right, how to comply, how to fix them and enforcement, all under Ontario’s Environmental Protection Act.
Here is a copy of the powerpoint: Certificates of Property Use for contaminated sites.

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Like virtually all Canadians, we offer our condolences to the family of Cpl. Nathan Cirillo, and our thanks to the doughty Sergeant at Arms, Kevin Vickers. Whatever our opinion of particular politicians, we are grateful that they are safe today.

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