Appeal Court confirms that innocent party must clean up pollution *

Canada - May 13 2013
In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of…

Co-authors: Jennifer Fairfax, Patrick Welsh, Lindsay Rauccio, Paul Morassutti, Daniel Kirby.

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Ontario court dismisses “speculative” challenge to a prospective wind turbine project *

Canada - May 6 2013
In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs' claims for injunctive relief and $16.6 million…

Co-authors: Jennifer Fairfax, Patrick Welsh, Lindsay Rauccio, Daniel Kirby.

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Ontario court recognizes “light” as a contaminant under the Environmental Protection Act *

Canada - March 27 2013
In February 2013, Justice Green of the Ontario Court of Justice held that sunlight reflected from a building can be considered a contaminant under…

Co-authors: Jennifer Fairfax, Patrick Welsh, Daniel Kirby, George M. Valentini, Joshua Krusell.

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Ontario court rejects damage recovery in contamination claim, adopting a strict analysis that may hinder future claims *

Canada - March 27 2013
In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner's claim for damages for…

Co-authors: Jennifer Fairfax, Patrick Welsh, Daniel Kirby.

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Ontario resurrects proposed Great Lakes Protection Act as part of larger Great Lakes Strategy *

Canada - February 28 2013
On February 25, 2013, Ontario's Minister of the Environment, Jim Bradley, re-introduced the Great Lakes Protection Act, the government's first major…

Co-authors: Jennifer Fairfax, Patrick Welsh, Daniel Kirby.

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