The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud.

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Last year, Castonguay Blasting lost its appeal to the Supreme Court of Canada against a conviction for failing to report flyrock as an environmental “discharge” under the Environmental Protection Act. Now they have been fined $75,000 for essentially the same offence on another occasion. The second incident occurred in 2010, well after they were charged with the November 26, 2007 offence that led to the Supreme Court case. Perhaps they declined to report the second incident in the belief that such a report might prejudice their defence of the first case?

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Happy Passover

April 14, 2014

Happy Passover to all of our family, friends and colleagues who will celebrate Passover, starting tonight. And happy spring to everyone!

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Good news: clarity to come on single use battery “recycling” in Ontario

April 10, 2014

What should count as battery “recycling”? Is it good enough to melt single use batteries into nickel mill slag, which is put in roadbeds as “aggregate”? Or should we insist on up-cycling end of life batteries, i.e. carefully separating and reusing each of the hazardous components, as is now done under Ontario’s CMHSW program (Orange Drop) program?

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First “climate refugee” case going to appeal in New Zealand

April 8, 2014

ON 1ST MAY 2014, the New Zealand Court of Appeal will hear Ioane Teitiota’s claim to become the world’s first climate refugee. Mr. Teitota is from a remote atoll in the Pacific nation of Kiribati, one of the lowest-lying nations on Earth. He is trying to convince New Zealand judges that he’s a refugee—suffering not from persecution, but […]

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Blue Box arbitration: Third procedural victory for municipalities

April 7, 2014

Retired justice Robert Armstrong has given a third procedural victory to municipalities in the hotly disputed Blue Box funding arbitration. The Blue Box arbitration will now proceed, as scheduled, as a single hearing, instead of being broken up into parts, as stewards proposed: Bifurcation Decision. The full hearing will start April 23.

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I can’t resist again- a word about the beginning of the universe

April 4, 2014

We are so proud to be related to MIT Professor Allan Adams, who opened last month’s immensely influential TED conference with four enthusiastic minutes about the news on the beginning of the universe. That’s worth four of your minutes, isn’t it? And he was on the same panel as Bill Gates and Sting! Enjoy.

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Japan’s whaling program ruled unscientific, must stop at last

April 2, 2014

In May 2010, Australia launched legal proceedings against Japan in the International Court of Justice (ICJ) alleging that: “Japan’s continued pursuit of a large-scale program of whaling under the Second Phase of its Japanese Whale Research Program under Special Permit in the Antarctic (‘JARPA II’), in breach of obligations assumed by Japan under the International Convention for the […]

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Court of Appeal stays Ostrander wind approval pending appeal to protect turtles

April 1, 2014

The Ontario Court of Appeal has stayed the Ostrander Point wind approval pending an appeal by the Prince Edward County Field Naturalists.

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Climate change: yes, it’s getting worse fast and it matters

March 31, 2014

The Intergovernmental Panel on Climate Change has issued its Summary for Policy Makers. Based on thousands of scientific studies since 2005 into the growing impacts of climate change, it concludes that key dangerous changes are already underway around the world, and will hurt the poor the most. You should read it, click here. Then demand […]

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Another small step for environmental research at the Experimental Lakes Area

March 31, 2014

The long, painful process of rescuing the irreplaceable Experimental Lakes Area of fresh water environmental research has taken another small but essential step. The Ministry of the Environment has made the decision to proceed with  proposed regulations under the Environmental Protection Act (EPA) and Ontario Water Resources Act (OWRA) to create a mechanism to authorize experiments […]

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Meredith James joins the board of Cycle Toronto

March 28, 2014

We are delighted to announce that our associate, Meredith James, was recently elected to the Board of Cycle Toronto at its Annual General Meeting.

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Rare decision stops Minister from opening BC fishery

March 26, 2014

The federal government has had some troubles with the Supreme Court of Canada since taking office in 2006 (here is one recent example), but that’s not the only court in Canada that has caused the federal government grief. Several decisions of the Federal Court in relation to endangered species issues or other regulatory matters, like […]

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Blue Box funding arbitration pleadings

March 25, 2014

As promised yesterday, here are the  Ontario Blue Box funding arbitration pleadings, that is, the position and opening explanation of each side. The arbitration will decide how much stewards (brand owners) must pay to municipalities for the cost of running Blue Box programs in 2014, under the Waste Diversion Act 2002. The parties are about $19 to […]

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Ontario Blue Box funding arbitration is public

March 24, 2014

Arbitrator Robert Armstrong has ruled that the Ontario Blue Box funding arbitration between municipalities and Stewardship Ontario is to be held in public:

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