Articles

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

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.

Talia reports on the Law Society's February 23, 2017 amendments to Rules 3.2-5 and 3.2-5.1 that clarify when a lawyer may threaten, or advise a client to threaten to make a complaint to a regulatory authority.

Ian reports on changes that the Ontario Ministry of the Environment and Climate Change is considering to the way it assesses contaminant emissions in its environmental compliance approval process.

The authors discuss the role of experts in environmental litigation and summarize the trial decision in Weenen v. Biadi, 2015 ONSC 6832.

Paula reports on the B.C. Provincial Court sentencing decision in R. v. Gwaii Wood Products Ltd., et al, 2017 BCPC 6 for convictions on charges under section 35(1) of the Fisheries Act resulting from logging and road construction that resulted in the harmful alteration, destruction or disruption of fish habitat.

Stan comments on the Ontario Superior Court of Justice trial decision of March 6, 2017 in Huang v. Fraser Hillary's Limited, 2017,. ONSC 1500. The trial court awarded the plaintiff compensation under s.99(2) of the Environmental Protection Act for dry cleaning solvent contamination on its property that was allowed to enter the defendant's property in the 1960s and 1970s, up until 1974.

Tamara discusses director and officer liability in the wake of the Ontario Court of Appeal's decision in Midwest Properties Ltd. v. Thordarson, 2015 OCA 819 where John Thordarson and his company, Thorco Contracting Limited were held to be jointly and severally liable for $1,328,000 in remediation costs to Midwest under section 99(2) of the Environmental Protection Act.

The authors comment on the Ontario Court of Appeal's January 11, 2017 decision in Crombie Property Holdings Limited v McColl-Frontenac Inc. (Texaco Canada Limited), 2017 ONCA 15 regarding discoverability in contaminated lands litigation.

Jack comments on the January 19, 2017 oral decision of the Supreme Court of Canada in R. v. Bédard in which the Court confirmed the law of officially induced error.