Articles 2019

The Canadian government's ban on asbestos and asbestos-containing products will apply to the use, manufacture, import and export of any product containing asbestos, with the goal being to eventually reduce the rate of asbestos-related diseases. Here, the authors review the proposed Prohibition of Asbestos and Asbestos Products Regulations, which are expected to come into force as of 2019.

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time period. There was speculation at the time of the decision’s release about its impact upon environmental prosecutions. Here, we survey some of the most salient points from decisions that have emerged over the past 1-1/2 years.

A discussion of the Federal Court's decision in Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard).

Examining Ontario's new Bill 21: “An Act Respecting Civil Liability for Climate-Related Harms"

This article discusses Canadian National Railway Company v Ontario, a recent decision from the Environmental Review Tribunal, which clarifies the power of public authorities to issue cost recovery orders under the Environmental Protection Act.

This article explores the increase in electric vehicle sales in Canada and considers innovative technologies that could assist in preserving a reliable electric grid.

This article discusses recent climate change litigation cases and the type of actions being brought in respect of climate change.

This article considers the Ontario Superior Court of Justice's recent decision in MVL Leasing Ltd. v CCI Group Inc. 2018 ONSC 1800. The Court granted Rule 21 motions striking third party claims brought by an environmental consultant who was being sued by a purchaser of property for professional negligence and breach of contract.

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).