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Supreme Court to hear Castonguay Blasting appeal

Davis LLP
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Canada
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September 28 2012

On September 27, 2012 the Supreme Court of Canada granted leave to hear the appeal of Castonguay Blasting Ltd. v. Her Majesty the Queen in Right of the Province of Ontario as represented by The Minister of the Environment

'Adverse effect' doesn't require an impact on the natural environment

Davis LLP
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Canada
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April 10 2012

The Court of Appeal for Ontario released an important decision this week on the definition of “adverse effect” under the Environmental Protection Act (the “EPA”

Nortel's environmental obligations don't withstand CCAA restructuring proceedings

Davis LLP
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Canada
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March 13 2012

Since Nortel Networks Corporation and a number of related companies (together, “Nortel”), initiated a reorganization under the Companies’ Creditors Arrangement Act (“CCAA”) over two years ago, the Ontario Ministry of the Environment (the “MOE”) has sought to hold Nortel responsible to remediate environmental contamination remaining on properties once or currently owned by Nortel

Nortel's CCAA proceedings stay Ministry of Environment clean-up obligations

Davis LLP
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Canada
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March 9 2012

Since Nortel Networks Corporation, and a number of related companies (together, “Nortel”), initially filed under the Companies’ Creditors Arrangement Act (CCAA) over two years ago, the Ontario Ministry of the Environment (the “MOE”) has sought to hold Nortel responsible for environmental contamination remaining on properties it once owned

The future of toxic torts in Canada: the impact of Smith v. Inco Limited

Davis LLP
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Canada
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January 23 2012

The recent Ontario Court of Appeal decision in Smith v. Inco Limited has established new, narrower standards for the environmental torts of private nuisance and strict liability (known as the Rylands v. Fletcher rule

Directors and officers beware: recent Ontario decision further extends responsibility for environmental issues

Davis LLP
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Canada
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October 25 2011

Corporate directors and officers may be held personally liable under the Ontario Environmental Protection Act (“EPA”) for wrongdoings of the corporation unless they are able to provide substantial evidence that they were not involved in management of the corporation

Ontario Court of Appeal reverses decision in major toxic tort class action

Davis LLP
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Canada
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October 19 2011

On October 7, 2011 the Ontario Court of Appeal released its decision in Smith v. KapMuG

Environmental Review Tribunal: wind turbines do not pose health risk

Davis LLP
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Canada
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July 22 2011

On Monday, July 18 the Environmental Review Tribunal delivered its ruling in Erickson v. MOE

Hanna wind appeal dismissed

Davis LLP
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Canada
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June 22 2011

On June 21, the Ontario Court of Appeal rejected the application by Ian Hanna for leave to appeal the Divisional Court's dismissal of his challenge of Ontario's wind project regulations