Articles 2023

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Today

Ontario Court of Appeal Provides Guidance on Landlord Liability for Historical Contamination

  • February 21, 2018
  • Talia Gordner

Following Sorbam Investments Ltd v Litwack, 2017 ONCA 850, which this article considers landlord liability for historical contamination caused by a dry-cleaning tenant and provides guidance that the act of operating a dry-cleaning business alone is not sufficient to establish a foreseeable risk of contamination to leased lands.

Environmental Law

Emerging Trends in Environmental Class Actions in Canada

  • November 30, 2017
  • Venetia E.K. Whiting and Scott Azzopardi

A discussion of emerging trends in environmental class actions, including the first certification of an environmental class action in BC; 2017's continued the trend in favour of certifying environmental class actions arising from single-incident torts where responsibility is a common issue; environmental claims dealing with historical and continuous harm with limitation period issues remaining a significant hurdle for plaintiffs.

Environmental Law

Supporting Inclusive Resource Development in East Africa

  • November 17, 2017

Supporting Inclusive Resource Development in East Africa (SIRD) is a five year project, funded by Global Affairs Canada, and implemented by the CBA in partnership with law societies in Kenya, Tanzania and Uganda.

Environmental Law

New Directions in Fisheries Act Policy and Law: An Overview of the November 2015 Federal ECCC Mandate Letter & Proposed Legislative Reforms

  • October 30, 2017
  • David McRobert and Julian Tennent-Riddell

This article discusses the impact that Prime Minister Trudeau's November 2015 mandate letter to the Minister of Environment and Climate Change may have had on the enforcement of the Fisheries Act). The article also considers the June 2017 proposals by the federal government to enhance protections for fish and fish habitat and a case study of the Montreal Sewage Dump. This article was originally published in the Fall 2017 issue of WEAO's INFLUENTS Magazine, and is republished with permission.

Environmental Law, Student Forum

Should You Use a Pierringer Agreement?

  • May 26, 2017
  • Julia Vizzaccaro

Julia explores the benefits and pitfalls of using Pierringer (proportionate share) agreements in the context of contaminated sites litigation.

Environmental Law

The Environmental Review Tribunal Restricts the Use of Notices of Allegation

  • May 25, 2017
  • Harry Dahme, Jessica Boily and Benjamin Ojoleck

The authors discuss the Environmental Review Tribunal's decisions in Rubin v Ontario (Environment and Climate Change), [2016] OERTD No 20 and Technical Standards and Safety Authority v Kawartha Lakes (City), [2016] OERTD No 8.. In these decisions, the Tribunal explored the purpose of Notices of Allegation against third parties in appeals of environmental orders.

Environmental Law