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Environmental litigation

Follow Up on Seller’s Environmental Assessment Reports

Last month we blogged about a case out of Newfoundland in which a buyer's negligence lawsuit against a seller's environmental consultant was tossed out because the buyer had no right to rely on the environmental assessment report issued by the consultant for the seller.  That article, "Buyer Can't Rely on Seller's Environmental Reports," was picked up [...]

Regulators of fracking negligent? Case update

Protecting administrative tribunals and their members from liability for negligence in regulating fracking held to be constitutionally legitimate

B.C. Court: No Abuse of Water Approvals for Fracking

Because fracking consumes a huge amount of water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged how the B.C. government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, frequently renewed, without regulating the cumulative water taking of an entire project. Does this violate [...]

Buyer can’t rely on Seller’s Environmental Reports

A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a reliance letter. Real estate lawyers, take note, please. In Community Mental Health Initiative Inc. v. [...]

Anti-Fluoride in Drinking Water: Litigation Update

Will citizen group litigation and the threat of personal liability stop fluoridation of drinking water in Ontario? In our earlier blog post, we described a threat by an advocacy group called Concerned Residents of Peel to End Water Fluoridation (Concerned Residents) against Peel municipal councillors. The group threatened the councillors with personal liability if they did not stop the Region from [...]

No fault contaminated site liability in Nova Scotia

IMP Group International Inc. appealed unsuccessfully from a Nova Scotia Minister of the Environment Order to study and remediate offsite groundwater contamination that it did not cause.