OBA Provides Comments on MOE GHG Reductions Discussion Paper June 06, 2013 Laura Zizzo The OBA Environmental Law Section has provided supportive comments on an MOE greenhouse gas reduction discussion paper.
Ontario Implements Local Improvement Charges for Energy Retrofits to Private Homes June 06, 2013 David McRobert The use of local improvement charges to encourage energy-efficient retrofits to homes and buildings gained provincial authorization last fall, and the City of Toronto has already embarked on a pilot program.
Kawartha Lakes Decision Upheld by Ontario Court of Appeal June 06, 2013 Raj Bharati Environmental protection conclusively takes priority over principles of fairness and polluter pays in the context of ERT reviews of MOE clean-up orders.
Contaminated Lands, Regulatory Orders and Baseline Conditions: a Case Comment on Midwest Properties Ltd. v. Thordarson June 06, 2013 Len Griffiths, Stephen N. Libin 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 Harsh Reality of Director and Officer Environmental Liability: Baker v. Director (MOE) June 06, 2013 Alexandria Pike 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).
Building Owners Must Take Due Diligence to Prevent Bird Collisions: Podolsky v. Cadillac Fairview June 06, 2013 Charles Hatt 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.
Municipality Liable in Negligence for Damage from Storm Sewer June 06, 2013 Marc McAree, Matt Gardner 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.
Message from the Editors June 06, 2013 Julia Croome, Raj Bharati A farewell message from the editors as we pass on the reins to Laura Bowman and Matt Gardner for the upcoming OBA year.
Recent Developments in Municipal Hazardous and Special Waste Management in Ontario March 28, 2013 David McRobert David McRobert describes how municipal hazardous and special waste management in Ontario is becoming more fragmented.
Ontario's New Greenhouse Gas Strategy: Is it a Workable Solution? March 28, 2013 Michael S. Hebert, Julian J. Hutchinson 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?