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Canada’s Supreme Court decides that environmental orders can be compromised in insolvency proceedings

Torys LLP
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Canada
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December 18 2012

A ruling on December 7, 2012, by the Supreme Court of Canada has determined that orders made under provincial environmental protection legislation can be compromised as part of insolvency proceedings

Court finds plaintiffs caused their own misfortunes regardless of prior owner’s potential negligence

Torys LLP
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Canada
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December 3 2012

On November 21, 2012, the Ontario Court of Appeal (OCA) reaffirmed that for a plaintiff to receive damages from a negligence claim, the defendant’s negligence must have actually caused the plaintiff’s loss

Federal Court rules that Canada can withdraw from Kyoto Protocol

Torys LLP
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Canada
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August 8 2012

On July 17, 2012, the Federal Court in Turp v. Canada dismissed an application for judicial review of Canada’s decision to withdraw from the Kyoto Protocol

Court affirms decision to order “innocent” landowner to remediate its property

Torys LLP
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Canada, USA
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July 3 2012

The Ontario Divisional Court recently upheld the Environmental Review Tribunal’s decision, which in turn upheld an order that required the City of Kawartha Lakes to remediate the contamination on its land resulting from a heating oil spill on a neighbouring property

Supreme Court denies leave to appeal in Smith v. Inco

Torys LLP
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Canada
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April 26 2012

On April 26, 2012, the Supreme Court of Canada denied leave to appeal in the Smith v. Inco class action proceeding

Court of Appeal finds an adverse effect without significant harm to the natural environment

Torys LLP
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Canada
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April 2 2012

On March 16, 2012, the Ontario Court of Appeal released its decision to dismiss Castonguay's appeal in Ontario (Environment) v. Castonguay Blasting Ltd. In 2007, while blasting at a highway construction site in Marmora, Ontario, Castonguay sent rock debris flying through the air

Superior Court stays remediation orders because of creditor proceedings

Torys LLP
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Canada
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April 2 2012

On March 9, 2012, the Ontario Superior Court decided several motions regarding five Ontario properties formerly owned by Nortel Networks Corporation, including one property in which Nortel retained a partial interest

Court overturns $36 million award in Smith v. Inco Limited

Torys LLP
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Canada
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October 14 2011

On October 7, 2011, the Ontario Court of Appeal allowed the appeal in Smith v. Inco Limited and, in so doing, overturned the July 2010 Ontario Superior Court’s trial decision, which had awarded $36 million in damages to certain property owners in Port Colborne, Ontario

Municipality held liable for damages relating to purchase of contaminated property

Torys LLP
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Canada
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April 4 2011

In Biskey v. Corp. of the Municipality of Chatham-Kent, the Ontario Superior Court of Justice found the Municipality of Chatham-Kent (CK) liable to pay C$386,142 in damages to the Biskeys, a couple who purchased contaminated property from the Kaminskis, a private party

Ontario court dismisses challenge of renewable energy approval regulation

Torys LLP
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Canada
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March 4 2011

On March 3, 2011, the Divisional Court of Ontario dismissed an application for judicial review of the minimum setback requirements for large wind energy facilities under Ontario’s Renewable Energy Approval (REA) Regulation (O. Reg. 35909

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