A Short History of Wind Litigation in Ontario

A Short History of Wind Litigation in Ontario

Dianne delivered a presentation to the American Bar Association on July 22, providing a comprehensive overview of wind litigation in Ontario since the Green Energy Act came into effect. She traced a number of trends in the types of wind cases that are being brought before the Environmental Review Tribunal (including the persistent failure of challenges to wind approvals, especially those based on human health concerns, and the wave of constitutional challenges that followed initial failed  

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Recent Decision Affirms Precautionary Principle

Recent Decision Affirms Precautionary Principle

In May of this year, the Federal Court released a decision that affirms the importance of the precautionary principle in the management of fisheries. The decision (Morton v Canada (Fisheries and Oceans), 2015 FC 575) comes as a result of a challenge, launched by lawyers at Ecojustice on behalf of biologist Alexandra Morton, to an aquaculture licence granted by the Minister of Fisheries and Oceans (the “Minister”) to Marine Harvest, a multinational seafood company.  

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Fisheries Act private prosecution goes ahead

Fisheries Act private prosecution goes ahead

As we wrote earlier, in December 2014 Marilyn Burgoon received approval to bring a private prosecution against Executive Flight Centre Fuel Services and the Province of British Columbia for violations of the Fisheries Act related to a large fuel spill into a sensitive creek. The province took no enforcement action relating to the spill, likely because of its own role in causing it. One or the other senior levels of  government usually take over private environmental prosecutions, but, as of May  

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