Articles 2021

Today
Today

No Fault Orders and the Potential Liability of Realtors

  • April 28, 2016
  • John Tidball

Realtors beware of potential MOECC clean-up orders. John discusses the situation that lead to the Environmental Review Tribunal's April 14, 2016 decision in McQuiston v. Ontario (MOECC) (ERT Case Nos. 15-09 through 15-024).

Environmental Law

Court of Appeal Upholds EA for Darlington Refurbishment

  • April 26, 2016
  • Stanley Berger

Stan reports on the Federal Court of Appeal's decision in Greenpeace Canada et al., v. Attorney General of Canada and Ontario Power Generation Inc., 2016 FCA 114 which was released on April 13, 2016.

Environmental Law

Statutory "Polluter Pay" Liability in British Columbia – The Perils of Pre-EMA Activity

  • March 08, 2016
  • Lynn Mitchell

Lynn comments on the 2015 British Columbia Court of Appeal decision in J.I. Properties Inv. v. PPG Coating Canada Ltd., 2015 BCCA 472, that upheld a $4.7 million award of statutory remediation costs against the former owner of a site who had previously remediated the site to the satisfaction of B.C. environmental regulators in the mid-1980s.

Environmental Law

Province Releases Excess Soil Management Policy Framework

  • March 08, 2016
  • Laura Bowman, a staff lawyer at Ecojustice.

Laura comments on the Ministry of the Environment and Climate Change's posting of an Excess Soil Management Policy Framework (“proposed framework”) that proposes a path forward and guiding principles for the development of policy related to the management of excess soil. Comments on the proposed framework may be submitted on the Environmental Registry up until March 26, 2016.

Environmental Law

Insurers Off the Hook for Release of Pollutants Caused by Fire

  • March 07, 2016
  • John Georgakopoulos, Matthew Gardner and Julia Paillé

The authors comment on the Supreme Court of Canada's denial of leave to appeal the British Columbia Court of Appeal's decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., which dealt with the interpretation and application of pollution exclusion clauses in commercial general liability insurance policies.

Environmental Law