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Appeal Court confirms that innocent party must clean up pollution

Osler, Hoskin & Harcourt LLP
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Canada
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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

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

Osler, Hoskin & Harcourt LLP
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Canada
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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

When can environmental regulatory orders be compromised claims under the Companies’ Creditors Arrangement Act? Supreme Court of Canada provides clarification

Osler, Hoskin & Harcourt LLP
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Canada
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December 11 2012

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 compromised under the federal Companies Creditors’ Arrangement Act (CCAA

Divisional Court affirms the decision of the Environmental Review Tribunal in Kawartha Lakes

Osler, Hoskin & Harcourt LLP
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Canada
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June 1 2012

In its recent decision in The Corporation of the City of Kawartha Lakes v. Director, Ministry of the Environment (Kawartha Lakes) issued on May 28, 2012, the Divisional Court affirmed the reasoning of the Environmental Review Tribunal (the ERT) issued on November 20, 2009 (the ERT Decision

The Ontario Environmental Review Tribunal decision in Erickson v. Director, Ministry of Environment

Osler, Hoskin & Harcourt LLP
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Canada
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July 27 2011

The Ontario Environmental Review Tribunal (the ERT) released its landmark ruling in the wind farm challenge case, Erickson v. Director, Ministry of the Environment (Erickson) on July 18, 2011

Environmental Review Tribunal confirms the liability of current and former directors for clean-up orders

Osler, Hoskin & Harcourt LLP
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Canada
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July 27 2011

In its recent decision in Currie v. Director, Ministry of the Environment (Currie) issued on June 7, 2011, the Environmental Review Tribunal (ERT) has applied its reasoning in its Corporation of the City of Kawartha Lakes v. Director, Ministry of Environment decision issued on November 20, 2009 (Kawartha Lakes) to hold corporate directors personally liable to clean up a contaminated site

Ontario Court of Appeal clarifies application of pollution exclusion clauses in commercial general liability policies

Osler, Hoskin & Harcourt LLP
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Canada
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June 30 2011

In ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales and Mohawk Liquidate), 2011 ONCA 321, the Ontario Court of Appeal held that a “Pollution Liability” exclusion clause in a Commercial General Liability (CGL) insurance policy will apply where the insured participated in an activity that posed a known risk of pollution and environmental damage

Increase in climate change litigation in US courts could spill over into Canada

Osler, Hoskin & Harcourt LLP
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Canada, USA
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November 23 2009

Climate change litigation is proliferating in the United States

Supreme Court finds abandonment of privacy interest in waste

Osler, Hoskin & Harcourt LLP
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Canada
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May 11 2009

On April 9, 2009, the Supreme Court of Canada issued an important judgment in R.v. Patrick about the abandonment of a person’s privacy interest in waste