Category Archives: Environment

Ontario’s Invasive Species Act Receives Royal Assent

Ontario’s Invasive Species Act received Royal Assent today, having completed its passage through the Legislature on October 21, 2015. The Act is intended to support the prevention, early detection, rapid response and eradication of invasive species, such as giant hogweed … Continue reading

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Natural Resources: Developments in D&O Environmental Liability

I am delighted to join a roster of distinguished speakers at the Commons Institute’s “Energy, Natural Resources and the Law 2015” to be held in live webcast on  Friday, 30 October 2015 at 1:30pm – 5:00pm Eastern Time. My topic will be “Natural … Continue reading

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Ontario Launches Investigation Into Volkswagen Canada and Audi Canada

Ontario has announced that it is investigating the  action by Volkswagen Canada and Audi Canada to sell cars to its dealers and consumers with software to bypass the vehicle’s emissions control for possible violations under the Environmental Protection Act, which prohibits the … Continue reading

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D&O liability for contaminated company property: Rocha revisited

As promised in our post Personal environmental liability for company property: Ontario’s ERT widens the net we have taken some time to review and reflect on the Environmental Review Tribunal’s decision and reasons  “Rocha“. We set out our observations below. The Decision The … Continue reading

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D & O Liability for Contaminated Land: The Movie

Ok, it’s not actually a movie but this link will take you to a video of Paul’s talk at the Commons Institute’s “240 Minutes on Environmental Law” in February of this year. D&O Liability for Contaminated Land Paul’s topic was “Developments in, Director … Continue reading

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Public participation in federal environmental hearings: SCC refuses leave to appeal

The Supreme Court of Canada has refused leave to appeal a challenge to the constitutionality of the public participation provisions of the National Energy Board Act. In Quarmby, et al. v. Attorney General of Canada, et al., 2015 FCA (36353), … Continue reading

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SCC upholds Ontario court’s jurisdiction over claim to enforce foreign judgment for US$ 9.51 billion environmental damages

The Supreme Court of Canada has ruled in the case of Chevron Corp. v. Yaiguaje that Ontario’s courts have jurisdiction to determine whether a US$ 9.51 billion judgement by Ecuador’s courts against Chevron Corp. for environmental damages should be recognized and enforced in … Continue reading

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OEB Report Concludes that Risks and Benefits of Energy East Need Better Balance

The Ontario Energy Board (OEB) today released “Giving Ontarians a Voice on Energy East”, a report on its consultation and review of the proposed Energy East Pipeline. At the request of the Minister of Energy, the OEB led a review of the … Continue reading

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First conviction for an offence under the federal Environmental Emergency Regulations

Environment Canada reports that Panther Industries (Alberta) Inc. pleaded guilty on July 28, 2015 in Alberta Provincial Court to offences under the Fisheries Act, the Canadian Environmental Protection Act, 1999 (CEPA, 1999), and the Environmental Emergency Regulations, related to a spill of hydrochloric acid … Continue reading

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Personal environmental liability for company property: Ontario’s ERT widens the net

In a decision that continues Ontario’s trend of imposing liability on individuals for contamination at properties owned by companies, the Environmental Review Tribunal has upheld orders by the Ministry of the Environment and Climate Change requiring preventative measures to be … Continue reading

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