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Ontario Courts continue to clarify the scope and power of section 99 of the Environmental Protection Act

Canada - March 29 2017 In Huang v Fraser Hillary’s Limited, 2017 ONSC 1500 (Huang), the Ontario Superior Court of Justice (ONSC) confirmed that plaintiffs can rely on...

Rebecca Hall-McGuire, Evan Barz, Patrick G. Welsh.

B.C. Court highlights challenges of certifying environmental class actions based in nuisance

Canada - March 13 2017 The B.C. Court of Appeal in Baker v. Rendle, 2017 BCCA 72, dismissed an appeal from a lower court decision denying class certification of a private...

Louis Tsilivis.

Known unknowns: Ontario Court of Appeal provides guidance on discoverability in potentially contaminated lands cases

Canada - January 27 2017 In Crombie Property Holdings Limited v McColl-Frontenac Inc. (Texaco Canada Limited), 2017 ONCA 15 (Crombie v McColl ), the Ontario Court of Appeal...

Rebecca Hall-McGuire, Evan Barz, Patrick G. Welsh.

Environmental Review Tribunal exercises discretionary remedial power in Ostrander wind farm case

Canada - June 13 2016 In its June 6, 2016 decision, the Environmental Review Tribunal (Tribunal) revoked the Renewable Energy Approval (REA) that had been granted to...

Richard Wong, Rebecca Hall-McGuire, Jack Coop, Richard J. King.

Ninety-nine problems (continued): Supreme Court of Canada denies leave to appeal Ontario Court of Appeal’s decision in Midwest Properties Ltd. v. Thordarson

Canada - May 26 2016 On May 26, 2016, the Supreme Court of Canada denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v...

Rebecca Hall-McGuire, Jack Coop, Patrick G. Welsh, Paul Morassutti.