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Oslo Principles on Climate Change: Governments are Breaching Legal Duties

A group of preeminent international jurists  have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing so little about climate change. The purpose in drafting the Principles was [...]

My first trial, still good law 30 years later

The first decade of Dianne Saxe's professional life was devoted to energy/transportation policy and regulation, not litigation. So this week is the thirtieth anniversary of her first litigation victory: Public Trustee v. Mortimer et al. At the time, I represented the office of the Public Trustee. I was seeking to recover $200,000 that a lawyer had stolen from an [...]

Public participation restrictions do not violate Charter

Can the federal government successfully muzzle (non-aboriginal) opponents to major energy and resource projects? So far, yes.

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.

INTERPOL environmental crimes unit

International environmental wildlife and pollution crimes are attracting growing attention from INTERPOL, partly because many of them are committed by organized crime. For example, in response to the recent surge of ivory tracking, INTERPOL formed a  dedicated environmental crime team in Africa. As InterPOL puts it: "Environmental crime is a serious and growing international problem, and one which takes [...]

Contaminated sites change in Provincial Policy Statement

The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and "provides clear policy direction on land use planning to promote strong communities, a strong economy, and a clean and healthy environment."  What effect will the [...]