Articles

Environmental protection conclusively takes priority over principles of fairness and polluter pays in the context of ERT reviews of MOE clean-up orders.

In a recent decision, a contaminated land plaintiff’s claim for damages was stymied by the MOE having already issued a clean-up order, and because of a lack of evidence on baseline environmental conditions at the time of purchase.

The Environmental Review Tribunal recently refused to stay an MOE remedial order against a group of former officers and directors pending the hearing of the appeal of the order, notwithstanding there being no immediate risk to the environment (since work was being undertaken by the MOE).

The recent ruling in Podolsky v. Cadillac Fairview shows that building owners and operators can be held liable for bird deaths caused by collisions with the reflective glass surfaces of their buildings, and also illustrates the impact that private prosecutions can have.

In Pearson v. Fort Frances, a court found a municipality liable for its negligent handling of a broken sewer pipe at a residential property, bypassing statutory protections from liability that only apply to nuisance claims against municipalities.

A farewell message from the editors as we pass on the reins to Laura Bowman and Matt Gardner for the upcoming OBA year.

David McRobert describes how municipal hazardous and special waste management in Ontario is becoming more fragmented.

Ontario releases a greenhouse gas reduction discussion paper that portends the eventual adoption of a cap and trade system, but will it be a success?

A review of numerous Ontario wind decisions identifies the major developments and trends in the jurisprudence.

Environmental class actions still alive and kicking after Smith v. Inco: In Ladd v. Vale Canada Limited Vale's summary judgment motion was denied in a class action relating to the same contamination.