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Divisional Court Overturns Environmental Review Tribunal Decision and Allows Wind Project to Proceed

In an important decision for stakeholders in the Ontario renewable energy industry, the Divisional Court of Ontario overturned the July 2013 decision by the Environmental Review Tribunal (the ERT) in Ostrander Point. In its...more

2/26/2014 - Canada Energy Policy Renewable Energy Wind Power

Appeal Court Allows $2-Billion Wind Farm Action to Proceed Against Government of Ontario

On November 12, 2013, inTrillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683, the Ontario Court of Appeal allowed a $2-billion action by Trillium Power Wind Corporation (Trillium) to proceed against...more

12/19/2013 - Appeals Canada Misfeasance Moratorium Wind Power

Obstructive Conduct by Aboriginal Groups May be Regulated by Municipal By-Laws

The decision of the Ontario Court of Appeal in Detlor v. Brantford (City) helpfully addresses the intersection between municipal jurisdiction and constitutional law. In upholding the power of municipalities to pass by-laws...more

12/18/2013 - Aboriginal Issues Canada

Supreme Court Requires Warrant to Search Computer Content

Background - In R. v. Vu, the property owner was criminally charged with production of marijuana, possession of marijuana for the purpose of trafficking and theft of electricity. The police had obtained a warrant...more

11/12/2013 - Canada Drug Trafficking Evidence Marijuana SCC Search Warrant

“When in Doubt, Report” – the Supreme Court of Canada Broadens the Application of Ontario’s Environmental Protection Act

On October 17, 2013, in Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52, the Supreme Court of Canada dismissed the appeal of Castonguay Blasting Ltd. (Castonguay) from a decision of the Ontario Court of Appeal...more

10/21/2013 - Discharge of Pollutants Environmental Claims Environmental Policies Environmental Protection Act Reporting Requirements SCC

Court Decision Emphasizes the Importance of a Preventive System in Discharging Environmental and Health and Safety Obligations

In a recent decision, the Ontario Court of Justice convicted Sunrise Propane Energy Group Inc. and 1367229 Ontario Inc. (the Companies), and their directors, Shay Ben-Moshe and Valery Belahov (the Directors), of multiple...more

9/11/2013 - Canada Due Diligence EPA Healthcare OHSA Preventive Health Care

Ontario Introduces Waste Reduction Strategy and Proposed Waste Reduction Act, 2013

In June 2013, the Ontario government released its Waste Reduction Strategy, which incorporates the proposed new Waste Reduction Act, 2013, forecasting significant changes to the way wastes will be managed in Ontario. If...more

7/25/2013 - Canada Environmental Assessments Environmental Impact Report Environmental Policies Proposed Legislation Waste

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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