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Environmental litigation

Yes, Ontario lawyers can talk to their experts

Lawyers must work with experts to focus and clearly express their opinion testimony. The lawyer cannot tell the expert what to say, but must ensure that the export report addresses the relevant questions in a clear and comprehensible way that will assist the judge to decide the lawsuit.

Environmental torts since Smith v Inco

Environmental claims based on historic contamination, whether class actions or single lawsuits, have become much more difficult for plaintiffs in the last few years.

Shell Canada charged for Chemical Valley spill

In January of 2013, Shell Canada allegedly spilled "flare liquids", similar to gasoline, from its refinery in Sarnia. People in a nearby First Nation (often affected by Chemical Valley spills) experienced odours, irritation and illness. After waiting until the end of the two year limitation period, the Ministry of the Environment and Climate Change has charged Shell with [...]

Supreme Court hears Chevron Ecuador pollution appeal

Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron's Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lusitande Yaiguaje, et al., Supreme Court of Canada File No. 35682. Although substantial pollution [...]

Sydney Tar Ponds Environmental Class Action is over

The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works

Less environmental enforcement = more private prosecutions?

When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojustice's light pollution case did to make mirrored buildings safer for birds. But [...]