Daniel Kirby

Daniel Kirby

Osler, Hoskin & Harcourt LLP


Latest Publications

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Ontario Superior Court of Justice Denies a Municipality’s Attempt to Effectively Prohibit Wind Turbines

In Wainfleet Wind Energy Inc. v. Township of Wainfleet, the Ontario Superior Court of Justice struck down the Township of Wainfleet’s municipal by-law requiring industrial wind turbines to have a minimum two-kilometre setback...more

6/12/2013 - Bylaws Canada Local Ordinance Municipalities Renewable Energy Wind Power

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

5/13/2013 - Canada Contaminated Properties Environmental Protection Act

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

5/7/2013 - Canada Injunctions Renewable Energy Summary Judgment Wind Power

Ontario Court Recognizes “Light” as a Contaminant Under the Environmental Protection Act

In February 2013, Justice Green of the Ontario Court of Justice held that sunlight reflected from a building can be considered a contaminant under the Ontario Environmental Protection Act (EPA). Justice Green’s ruling, while...more

3/27/2013 - Canada Contamination Endangered Species Environmental Protection Act Light Pollution

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more

3/26/2013 - Canada Contaminated Properties Damages Evidence Negligence Nuisance Punitive Damages

Ontario Resurrects Proposed Great Lakes Protection Act as Part of Larger Great Lakes Strategy

On February 25, 2013, Ontario’s Minister of the Environment, Jim Bradley, re-introduced the Great Lakes Protection Act, the government’s first major step in implementing its Great Lakes Strategy released in December 2012. ...more

2/28/2013 - Great Lakes Protection Act

Change is in the Air: Ontario Closer to a Cap-and-Trade System

On January 21, 2013, Ontario’s Ministry of the Environment (MOE) posted the Greenhouse Gas Emissions Reductions in Ontario: A Discussion Paper (the Discussion Paper) on the Environmental Registry, in conjunction with a...more

2/21/2013 - Cap-and-Trade Carbon Taxes Greenhouse Gas Emissions Jurisdiction

When can Environmental Regulatory Orders be Compromised Claims under the Companies’ Creditors Arrangement Act? Supreme Court of...

Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 - In its decision released on December 7, 2012, the Supreme Court of Canada held that claims in respect of provincial environmental clean-up orders can be...more

12/12/2012 - Environmental Remediation Costs The Companies' Creditors Arrangement Act

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