Articles 2022

Aujourdʼhui
Aujourdʼhui

Yatar and the Problem of Concurrent Proceedings

  • 10 juin 2024
  • Ted Brook

The Supreme Court of Canada released its decision in Yatar v. TD Insurance Meloche Monnex in March of this year and the Ontario Divisional Court has already begun grappling with the procedural fallout. In a unanimous decision, the Supreme Court rejected the Divisional Court’s approach to streamlining the concurrent applications for judicial review and statutory appeals that frequently appear on its docket.

Droit de l’environnement, Student Forum

Canada’s Plan to Combat Environmental Racism

  • 10 juin 2024
  • Aditi Kara

Bill C-226 was first introduced in November 2021 in the House of Commons based on the findings and recommendations of the United Nations Human Rights Council and other non-partisan publications. It is now due for its third reading in the Senate. It aims to develop a national strategy to advance environmental justice.

Droit de l’environnement, Student Forum

Common Law Environmental Remediation Claims Not Entitled to Super Priority Over Secured Creditors

  • 23 avril 2024
  • Diana Weir, of counsel

On April 8, 2024, the Alberta Court of Appeal released its decision in the appeal of Qualex-Landmark Towers Inc v 12-10 Capital Corp. The Court of Appeal’s decision clarifies that the super priority of environmental remedial obligations recognized in Orphan Well Association v Grant Thornton Ltd, does not apply to private litigants, alleviating significant uncertainty for secured lenders.

Droit de l’environnement, Student Forum

Of Birds and Buildings: Private Member’s Bill Seeks to Protect Birds

  • 05 février 2024
  • Paula Boutis

On October 31, 2023, M.P. Chris Glover introduced a Private Member’s Bill, Bill 145, “An Act to amend the Building Code Act, 1992 with respect to bird-safe windows” (the “Bill”). The Bill's introduction reminds us that the birds need protecting and that ongoing work has been happening towards this goal for several decades.

Droit de l’environnement, Student Forum

Proposed Amendments to Ontario’s Excess Soil Laws

  • 05 février 2024
  • Matthew Gardner, partner at Willms & Shier Environmental Lawyers LLP

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario. This article summarizes the proposed amendments.

Droit de l’environnement, Student Forum

Accelerated Development with the Risk of Environmental Violations

  • 30 octobre 2023
  • Aditi Kara

To meet the growing housing demands, the Ministry of Environment, Conservation and Parks has been undertaking extensive consultation regarding amending regulations for the Environment Protection Act and the Ontario Water Resource Act concerning dewatering construction sites ending on October 30, 2023. A closer examination of the proposed regulations reveals gaps that will inevitably lead to violations of environmental law.

Droit de l’environnement, Student Forum
photo of Alexandria Pike

Environmental Law Section Interview Series: Featuring Alexandria Pike

  • 27 octobre 2023
  • Alegria Rosales

Welcome to Issue No. 1 of the Environmental Law Section Interview Series. Our first guest is Alexandria Pike, partner at Davies. Alexandria shared interesting information about her background, interests, career path and perspective regarding the environmental law practice. We thank her for her time and candid responses. Check it out and enjoy the reading.

Droit de l’environnement, Student Forum

Supreme Court of Canada Holds Designated Projects Scheme Under the Impact Assessment Act is Unconstitutional

  • 27 octobre 2023
  • Joanna Rosengarten, Matthew Lakatos-Hayward, Cristin Hunt

On October 13, 2023, the Supreme Court of Canada (SCC) released its advisory decision regarding the constitutionality of the federal government’s environmental assessment (EA) regime in Reference re Impact Assessment Act. A majority of the SCC found that much of the federal government’s Impact Assessment Act (the “Act”) and the Physical Activities Regulations ( the “Regulations”) under the Act are unconstitutional.

Droit de l’environnement, Student Forum

Plan for the Ban: New Consultation Launched for Plastics Labelling Framework and Federal Plastics Registry

  • 23 juin 2023
  • Talia Gordner, partner, Julia Loney, partner, and Khaleed Mawji, articling student, McMillan LLP

This article provides an update on the federal government’s consultation regarding proposed labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

Droit de l’environnement, Student Forum