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Searching Content indexed under Environmental Law by Fogler, Rubinoff LLP ordered by Published Date Descending.
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1
What Should You Know About The Coming Into Force Of The Impact Assessment Act?
As of the end of August 2019, Canada has a new environmental assessment regime — the Impact Assessment Act. Concurrent with the coming into force of
Canada
5 Sep 2019
2
City Of Victoria's Plastic Bag Prohibition Held Invalid By B.C. Court Of Appeal
On July 11, 2019 the B.C. Court of Appeal in Canadian Plastic Bag Association v. Victoria (City), 2019 BCCA 254 invalidated a City of Victoria by-law
Canada
24 Jul 2019
3
Ontario Challenge To Federal Carbon Pricing Scheme Rejected By Court Of Appeal — Where Do We Go From Here?
On June 28, 2019 the Ontario Court of Appeal rejected the Province of Ontario's constitutional challenge of the Canadian Government's carbon pricing legislation, determining
Canada
15 Jul 2019
4
Bills C-48 And C-69 Clear Their Final Legislative Hurdle
On June 20th, 2019 the Canadian Senate, Parliament's chamber of second thought, approved two government bills for which it had proposed significant
Canada
5 Jul 2019
5
The Tides Have Turned With Redwater: Provincial Environmental Obligations Have Priority Over Secured Creditors In A Bankruptcy
In the much anticipated decision, Orphan Well Association et al. v. Grant Thornton Limited et al.1, (Redwater), the Supreme Court of Canada (SCC)
Canada
12 Feb 2019
6
The Supreme Court Weighs In On Receiver's Obligations For Orphan Wells
The decision of the Supreme Court of Canada on January 31, 2019 in Orphan Well Association v Grant Thornton Ltd. 2019 SCC 5 could make it much tougher for the oil and gas
Canada
7 Feb 2019
7
What The October 2018 Decision On The Site C Dam Means For The "Taking-Up" Clause In First Nations Treaties
The West Moberly First Nations were unsuccessful on October 24, 2018 (see 2018, BCSC 1835) in obtaining an injunction against B.C. Hydro and Power Authority from further construction and related activities on the Site C Project.
Canada
8 Nov 2018
8
What Can Be Done When A Regulatory Approval Is Granted And Then Withdrawn Following A Change In Government?
In Eagleridge International Ltd. v. Newfoundland and Labrador (Environment and Conservation) 2018 NLSC 180, following a change of government, the new Minister of Environment and Conservation withdrew approval for the construction of a gravel road.
Canada
30 Oct 2018
9
What Does The Hague Court Of Appeal's Decision In Urgenda Mean For Carbon Emission Regulation In Canada?
The Action On October 9, 2018 the Court of Appeal in the Hague, Netherlands upheld the District Court's order that the State of the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020.
Canada
15 Oct 2018
10
What Level Of Information Does A Proponent Need To Start An Environmental Assessment?
The simple answer is: sufficient information for the regulatory authority to be satisfied they can proceed to evaluate their decision to grant authorization.
Canada
12 Oct 2018
11
Divisional Court Upholds Tribunal Decision That The Ministry May Order Current And Former Owners, And Tenants To Delineate Contamination That Has Migrated Off-Site
The order provisions of s.18(2) of the Environmental Protection Act, R.S.O. 1990, c.E.19 were at issue in this case.
Canada
11 Sep 2018
12
Environmental Consultant's Disclaimer Of Liability To Vendor Effective Against Third Party Purchaser
On July 23, 2018 the Court of Appeal for Newfoundland and Labrador in the case of Community Mental Health Initiative Inc. v. Summit Lounge Ltd. 2018 NLCA 42 upheld summary judgment dismissing a purchaser's claim ...
Canada
8 Aug 2018
13
Provincial Mining Exploration And Reclamation Permits Withstand Federal Rejection Of Project Under CEAA 2012
On June 22, 2018 the B.C. Supreme Court in Canada (Canadian Environmental Assessment Agency) v. Taseko Mines Limited 2018 BCSC 1034 ...
Canada
26 Jul 2018
14
Court Rejects Environmental Consultant's Third Party Claim Against Prior Owners/Occupants
The nuisance claim was rejected on the basis that the consultant did not own, occupy or possess the property, or any adjacent or nearby property impacted by the alleged contamination.
Canada
5 Apr 2018
15
New Federal Impact Assessment Act
The Canadian Government announced yesterday that they are proposing new rules for conducting environmental assessments to Parliament.
Canada
13 Feb 2018
16
Introducing An Environmental Expert's Opinion On Judicial Review
On January 18, 2018 the Nova Scotia Supreme Court in Sorflaten v. Nova Scotia (Environment) (2018) NSSC 7 refused to admit the expert opinion of Dr. Douglas J. Hallett, a toxicologist, relating to certain environmental aspects of a Ministerial approved pilot project for burning recycled tires as fuel at a cement plant owned by Lafarge Canada.
Canada
29 Jan 2018
17
In A Spill Both The Carrier And The Receiver Are Potentially Targets For Prosecution
The particulate was accidentally released out of the top of the silo and into the natural environment.
Canada
5 Jan 2018
18
Sunrise Propane Appeals Against Conviction And Fines Dismissed
On November 27, 2017 the Ontario Superior Court dismissed all appeals against conviction and sentence relating to Sunrise Propane Energy Group under both Ontario provincial environmental...
Canada
18 Dec 2017
19
Ontario Court Of Appeal Sets Aside Security For Costs Order In Yaiguaje v. Chevron Case
In a decision released on October 31, 2017, a three judge panel of the Ontario Court of Appeal overturned a September 21, 2017 decision by the Court of Appeal motions judge that ...
Canada
6 Nov 2017
20
Managing Prosecution Risk When Regulators Issue Permits Or Orders
A recent decision from the Yukon Territorial Court is a reminder of how important communication between the regulator and the regulated can be.
Canada
12 Oct 2017
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