Comments for Environmental Law and Litigation http://envirolaw.com News and analysis (not advice) by a top Ontario environmental lawyer Mon, 14 May 2012 14:23:41 +0000 hourly 1 Comment on $450,000 fine for City of Ottawa sewage spill by Ottawa hit with another sewage spill | NewsLeak http://envirolaw.com/450000-fine-for-city-of-ottawa-sewage-spill/comment-page-1/#comment-4014 Ottawa hit with another sewage spill | NewsLeak Mon, 14 May 2012 14:23:41 +0000 http://envirolaw.com/?p=472#comment-4014 [...] has been in the media several times for similar situations, according to Canada's EnviroLaw.com. In 2008, the city was fined $562,000 for failing to report sewage that had discharged into the [...] [...] has been in the media several times for similar situations, according to Canada's EnviroLaw.com. In 2008, the city was fined $562,000 for failing to report sewage that had discharged into the [...]

]]> Comment on Quick Toronto hearings on Aggregate Resources Act by No_Mega_Quarry http://envirolaw.com/quick-toronto-hearings-aggregate-resources-act/comment-page-1/#comment-4010 No_Mega_Quarry Tue, 08 May 2012 14:59:36 +0000 http://envirolaw.com/?p=6395#comment-4010 So is the overly quick notice to the public, lack of invitations to rural stakeholders and timing (during spring planting) the Liberal/NDP way of sweeping the problems with the ARA under the rug? The Environmental Commissioner has been recommending that the Act be reviewed for years and has repeatedly brought serious concerns to the government's attention in his reporting. Now the problems are in the public eye (Stop the Mega Quarry!). If we allow the government to blithely pass this review off, we are going to be in dire straits in ten years. Not that McGuinty and Co. care since their terms will be over and they will be relaxing with their fully indexed pensions. Now is the time for Ontarians to bite the bullet and ensure that these problems get solved. So is the overly quick notice to the public, lack of invitations to rural stakeholders and timing (during spring planting) the Liberal/NDP way of sweeping the problems with the ARA under the rug? The Environmental Commissioner has been recommending that the Act be reviewed for years and has repeatedly brought serious concerns to the government’s attention in his reporting. Now the problems are in the public eye (Stop the Mega Quarry!). If we allow the government to blithely pass this review off, we are going to be in dire straits in ten years. Not that McGuinty and Co. care since their terms will be over and they will be relaxing with their fully indexed pensions. Now is the time for Ontarians to bite the bullet and ensure that these problems get solved.

]]> Comment on Ponoka fined $70,000 for sewage discharge permitted by province by Wastewater Info http://envirolaw.com/ponoka-fined-70000/comment-page-1/#comment-4009 Wastewater Info Tue, 08 May 2012 13:53:21 +0000 http://envirolaw.com/?p=5753#comment-4009 It’s good to see the level of standards being raised. There is no point raising the discharge limit so that everyone gets the pat on the back for doing a good job when clearly, this is not meeting the standards. A clear and well-defined guideline should be applied the same everywhere and finally most important thing, all these are for the sake of protecting our environment. It’s good to see the level of standards being raised. There is no point raising the discharge limit so that everyone gets the pat on the back for doing a good job when clearly, this is not meeting the standards. A clear and well-defined guideline should be applied the same everywhere and finally most important thing, all these are for the sake of protecting our environment.

]]> Comment on On a personal note by DSS http://envirolaw.com/personal-note/comment-page-1/#comment-4007 DSS Mon, 07 May 2012 00:42:11 +0000 http://envirolaw.com/?p=6376#comment-4007 Thank you so much, Emily! Thank you so much, Emily!

]]> Comment on On a personal note by Emily Vargas-Baron http://envirolaw.com/personal-note/comment-page-1/#comment-4004 Emily Vargas-Baron Fri, 04 May 2012 15:34:40 +0000 http://envirolaw.com/?p=6376#comment-4004 An exquisite gift, Dianne! An exquisite gift, Dianne!

]]> Comment on Winnipeg Consensus on clean energy policy by Ian http://envirolaw.com/winnipeg-consensus-places/comment-page-1/#comment-4003 Ian Fri, 04 May 2012 15:24:28 +0000 http://envirolaw.com/?p=6359#comment-4003 Lets hope a carbon price is included in this. Long overdue here in Canada! Lets hope a carbon price is included in this. Long overdue here in Canada!

]]> Comment on Smith v. Inco: leave to appeal refused by DSS http://envirolaw.com/smith-inco-leave-appeal-refused/comment-page-1/#comment-4001 DSS Thu, 03 May 2012 16:04:30 +0000 http://envirolaw.com/?p=6343#comment-4001 Hi, Martin, In some ways, Smith v Inco makes this even harder than it was before. So glad that you find the blog helpful- we spend a lot of time and thought on it. All best wishes Dianne Hi, Martin,
In some ways, Smith v Inco makes this even harder than it was before.
So glad that you find the blog helpful- we spend a lot of time and thought on it.
All best wishes
Dianne

]]> Comment on Smith v. Inco: leave to appeal refused by DSS http://envirolaw.com/smith-inco-leave-appeal-refused/comment-page-1/#comment-4000 DSS Thu, 03 May 2012 16:03:13 +0000 http://envirolaw.com/?p=6343#comment-4000 is it possible, armed with the C of A's decision in smith v Inco and authority relied upon there to now defiine the parameters of a general duty of care to neighbours that falls upon owners and operators of industrial operations in Ontario and perhaps even Canada? I find your analyses consistently helpful and concise - but I'm sure you get that all the time! Thanks, Martin is it possible, armed with the C of A's decision in smith v Inco and authority relied upon there to now defiine the parameters of a general duty of care to neighbours that falls upon owners and operators of industrial operations in Ontario and perhaps even Canada?
I find your analyses consistently helpful and concise – but I'm sure you get that all the time!
Thanks,
Martin

]]> Comment on OBA prods AG on Anti-SLAPP by The Supreme Court of Canada: internet defamation, choice of law and libel tourism – Antonin I Pribetic « Inforrm's Blog http://envirolaw.com/oba-prods-ag-antislapp/comment-page-1/#comment-3997 The Supreme Court of Canada: internet defamation, choice of law and libel tourism – Antonin I Pribetic « Inforrm's Blog Sat, 28 Apr 2012 00:22:32 +0000 http://envirolaw.com/?p=6072#comment-3997 [...] the Ontario Bar Association has sent the Ontario Attorney General, The Honourable John Gerretsen, a gentle reminder to consider the Report of the Expert Advisory Panel on Anti-SLAPP legislation. The OBA’s [...] [...] the Ontario Bar Association has sent the Ontario Attorney General, The Honourable John Gerretsen, a gentle reminder to consider the Report of the Expert Advisory Panel on Anti-SLAPP legislation. The OBA’s [...]

]]> Comment on Key legal issues in the Green Energy Act by Gillis http://envirolaw.com/key-legal-issues-in-the-green-energy-act/comment-page-1/#comment-3995 Gillis Thu, 26 Apr 2012 20:43:11 +0000 http://envirolaw.com/?p=886#comment-3995 Angie....solar panels are no more dangerous than your TV......its not like this is new technology....its been around since the 1950's........ Angie….solar panels are no more dangerous than your TV……its not like this is new technology….its been around since the 1950's……..

]]> Comment on Canadian environmental law: Quick Intro by Kenrie http://envirolaw.com/quick-intro-canadian-environmental-law/comment-page-1/#comment-3994 Kenrie Thu, 26 Apr 2012 17:20:39 +0000 http://envirolaw.com/?page_id=1892#comment-3994 Hi dianna, do you know the laws that are in effect to protect polar bears because i have homework and I can not find anything Hi dianna, do you know the laws that are in effect to protect polar bears because i have homework and I can not find anything

]]> Comment on OBA prods AG on Anti-SLAPP by The Supreme Court of Canada Conflict of Laws Trilogy: Part II « THE TRIAL WARRIOR BLOG http://envirolaw.com/oba-prods-ag-antislapp/comment-page-1/#comment-3991 The Supreme Court of Canada Conflict of Laws Trilogy: Part II « THE TRIAL WARRIOR BLOG Mon, 23 Apr 2012 19:24:31 +0000 http://envirolaw.com/?p=6072#comment-3991 [...] the Ontario Bar Association has sent the Ontario Attorney General, The Honourable John Gerretsen, a gentle reminder to consider the Report of the Expert Advisory Panel on Anti-SLAPP legislation. The OBA’s [...] [...] the Ontario Bar Association has sent the Ontario Attorney General, The Honourable John Gerretsen, a gentle reminder to consider the Report of the Expert Advisory Panel on Anti-SLAPP legislation. The OBA’s [...]

]]> Comment on About Us / Contact Us by Julie http://envirolaw.com/about/comment-page-1/#comment-3990 Julie Sat, 21 Apr 2012 05:18:52 +0000 #comment-3990 Thank you! Thank you!

]]> Comment on Citizen air quality monitoring? by Environmentalism in the 21st century | Nimonik http://envirolaw.com/citizen-air-quality-monitoring/comment-page-1/#comment-3989 Environmentalism in the 21st century | Nimonik Fri, 20 Apr 2012 15:12:39 +0000 http://envirolaw.com/?p=6286#comment-3989 [...] decisions be made if no data is available? Some citizens are taking matters into their own hands; they are mobilizing to build open-source air emissions monitoring tools. Using these basic tools on a large scale with millions of data points they will gather important [...] [...] decisions be made if no data is available? Some citizens are taking matters into their own hands; they are mobilizing to build open-source air emissions monitoring tools. Using these basic tools on a large scale with millions of data points they will gather important [...]

]]> Comment on A reader writes about water taking by Environmentalism in the 21st century – Earth Day Canada | Nimonik http://envirolaw.com/reader-writes-water/comment-page-1/#comment-3988 Environmentalism in the 21st century – Earth Day Canada | Nimonik Fri, 20 Apr 2012 15:11:54 +0000 http://envirolaw.com/?p=6282#comment-3988 [...] here in Canada, the city of Waterloo does not even know how much water is taken by local industrial facilities! Waterloo is home to some of the greatest tech giants in Canada and yet there is [...] [...] here in Canada, the city of Waterloo does not even know how much water is taken by local industrial facilities! Waterloo is home to some of the greatest tech giants in Canada and yet there is [...]

]]> Comment on About Us / Contact Us by DSS http://envirolaw.com/about/comment-page-1/#comment-3985 DSS Thu, 19 Apr 2012 13:23:18 +0000 #comment-3985 Julie, I have sent you some names by email. Best wishes Dianne Julie,
I have sent you some names by email.
Best wishes
Dianne

]]> Comment on Worried about wind? by Pat Jilesen http://envirolaw.com/worried-wind/comment-page-1/#comment-3983 Pat Jilesen Thu, 19 Apr 2012 04:51:42 +0000 http://envirolaw.com/?p=4953#comment-3983 Ok. So now its 42 weeks later. The auditor general has stated that wind energy is a direct cause of increased electricity rates in Ontario. We also see that coal has been replaced by nuclear, not wind. We also see that wind power generation is unreliable, non-dispatchable and requires co2 emitting back-up generation as a result. We also see that Ontario had the chance to allow a private company, Bruce Power, build new, clean air nuclear, yet decided to let government(taxpayers) fund a new build instead!? Green energy jobs are fleeing Ontario each week, and soon many more businesses will leave due to high energy prices(projected to be the highest in N.A.) Time for a re-think, don't you think? Ok. So now its 42 weeks later. The auditor general has stated that wind energy is a direct cause of increased electricity rates in Ontario. We also see that coal has been replaced by nuclear, not wind. We also see that wind power generation is unreliable, non-dispatchable and requires co2 emitting back-up generation as a result. We also see that Ontario had the chance to allow a private company, Bruce Power, build new, clean air nuclear, yet decided to let government(taxpayers) fund a new build instead!? Green energy jobs are fleeing Ontario each week, and soon many more businesses will leave due to high energy prices(projected to be the highest in N.A.) Time for a re-think, don't you think?

]]> Comment on About Us / Contact Us by Julie http://envirolaw.com/about/comment-page-1/#comment-3982 Julie Thu, 19 Apr 2012 03:29:53 +0000 #comment-3982 Dear Ms. Saxe, I was wondering if you could recommend a lawyer in Ottawa who practices environmental law. Specifically, I'm concerned about noise within my residential condominium building. Thank you for your time. Julie Dear Ms. Saxe,
I was wondering if you could recommend a lawyer in Ottawa who practices environmental law. Specifically, I'm concerned about noise within my residential condominium building.
Thank you for your time.
Julie

]]> Comment on Wind Controversy Research Report by DSS http://envirolaw.com/wind-controversy-research-report/comment-page-1/#comment-3979 DSS Mon, 16 Apr 2012 01:15:49 +0000 http://envirolaw.com/?p=6212#comment-3979 Very well put, thank you, Daniel Very well put, thank you, Daniel

]]> Comment on Wind Controversy Research Report by Oatbag http://envirolaw.com/wind-controversy-research-report/comment-page-1/#comment-3976 Oatbag Fri, 13 Apr 2012 21:17:31 +0000 http://envirolaw.com/?p=6212#comment-3976 Thanks for this Diane! Indeed there are no silver bullets, but wind is net-positive. I feel for those living with symptoms of annoyance (I don't use that word to diminish the symptoms, but out of my understanding of the issue). If affected parties were able to share in the economic benefit as citizens in the Netherlands and Germany are, it seems likely that the prevalence of symptoms from annoyance would be lower, as is there case in those European towns where many live closer than 550m. But surely investment in the technology will yield improvement on the Low Frequency Noise front. The need for green energy is enduring. It is a shame that imperfection in a promising medium of generation is being used to advocate for much more costly (economically, environmentally, and human health) mediums of generation. Thanks for this Diane!
Indeed there are no silver bullets, but wind is net-positive. I feel for those living with symptoms of annoyance (I don't use that word to diminish the symptoms, but out of my understanding of the issue). If affected parties were able to share in the economic benefit as citizens in the Netherlands and Germany are, it seems likely that the prevalence of symptoms from annoyance would be lower, as is there case in those European towns where many live closer than 550m. But surely investment in the technology will yield improvement on the Low Frequency Noise front.

The need for green energy is enduring. It is a shame that imperfection in a promising medium of generation is being used to advocate for much more costly (economically, environmentally, and human health) mediums of generation.

]]> Comment on EMF pollution from transmission lines? by rob http://envirolaw.com/emf-pollution-transmission-lines/comment-page-1/#comment-3973 rob Wed, 11 Apr 2012 22:30:42 +0000 http://envirolaw.com/?p=4898#comment-3973 how close is too close to reside to high voltage >230kV transmission lines? how close is too close to reside to high voltage >230kV transmission lines?

]]> Comment on Wind Controversy Research Report by DSS http://envirolaw.com/wind-controversy-research-report/comment-page-1/#comment-3972 DSS Wed, 11 Apr 2012 21:05:50 +0000 http://envirolaw.com/?p=6212#comment-3972 Dear Elizabeth, Having read the ARB decision, I think it was based on the evidence, not on the presence or absence of lawyers. The ARB is very careful to accommodate unrepresented litigants. Dear Elizabeth,
Having read the ARB decision, I think it was based on the evidence, not on the presence or absence of lawyers. The ARB is very careful to accommodate unrepresented litigants.

]]> Comment on Wind Controversy Research Report by DSS http://envirolaw.com/wind-controversy-research-report/comment-page-1/#comment-3971 DSS Wed, 11 Apr 2012 21:02:48 +0000 http://envirolaw.com/?p=6212#comment-3971 Dear Tom, I think that this slight on the Assessment Review Board is unwarranted and inappropriate. The Assessment Review Board is a specialized quasi judicial body whose decisions are independent of the government of the day, not an administrative agency of the government. That is exactly why such boards exist, and why they receive a degree of judicial deference. Dear Tom,
I think that this slight on the Assessment Review Board is unwarranted and inappropriate. The Assessment Review Board is a specialized quasi judicial body whose decisions are independent of the government of the day, not an administrative agency of the government. That is exactly why such boards exist, and why they receive a degree of judicial deference.

]]> Comment on Wind Controversy Research Report by David Norman http://envirolaw.com/wind-controversy-research-report/comment-page-1/#comment-3969 David Norman Wed, 11 Apr 2012 01:25:48 +0000 http://envirolaw.com/?p=6212#comment-3969 I read the "2011 research report, Wind Controversy in Ontario" which you endorse in method and conclusion. I also analyzed it using language "diplomatics" software and protocols. The following quote from the report is indicative of any relevance it holds: "The goal of this report was not to demonstrate support for the wind industry, nor was it to criticize the anti-wind movement. The purpose was to examine the statements and claims made by both sides and attempt to establish facts from fiction." Please take note of the structure of the first sentence, paying particular attention to the affective word connotations associated with the subjects. Then compare this with the subjective orientation indicated in the second concluding statement of purpose. If you examine this carefully you will see quite clearly the subjective bias of this report which is endemic in this document. I read the "2011 research report, Wind Controversy in Ontario" which you endorse in method and conclusion. I also analyzed it using language "diplomatics" software and protocols. The following quote from the report is indicative of any relevance it holds: "The goal of this report was not to demonstrate support for the wind industry, nor was it to criticize the anti-wind movement. The purpose was to examine the statements and claims made by both sides and attempt to establish facts from fiction." Please take note of the structure of the first sentence, paying particular attention to the affective word connotations associated with the subjects. Then compare this with the subjective orientation indicated in the second concluding statement of purpose. If you examine this carefully you will see quite clearly the subjective bias of this report which is endemic in this document.

]]> Comment on Wind Controversy Research Report by Elizabeth Barr http://envirolaw.com/wind-controversy-research-report/comment-page-1/#comment-3967 Elizabeth Barr Tue, 10 Apr 2012 19:10:46 +0000 http://envirolaw.com/?p=6212#comment-3967 Perhaps you are not aware that the landowners represented themselves at this hearing, perhaps naively. The wind developers and the local govt.paid apprx. $30,000 to the lawyers who represented their interests at the ARB. What can we take from this? That the outcome could have been different had the little guys been able to afford legal counsel. Perhaps you are not aware that the landowners represented themselves at this hearing, perhaps naively. The wind developers and the local govt.paid apprx. $30,000 to the lawyers who represented their interests at the ARB.
What can we take from this? That the outcome could have been different had the little guys been able to afford legal counsel.

]]>