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Navigating Canada’s Federal and Provincial Climate Change Initiatives
November 2, 2016 – Special Edition of Miller Thomson’s EnviroNotes: This publication is intended as an overview of Canadian federal and provincial climate change initiatives and their potential impact on businesses. The laws, regulations and policies discussed in this overview...
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The Latest on Damages for Continuing Nuisance (Case Update: Crombie v. McColl-Frontenac – Limitations and Continuing Nuisance)
Six-Minute Environmental Lawyer, The Law Society of Upper Canada, October 2016
One of the enduring questions facing neighbours in a dispute over contamination that has crossed a property boundary, is the extent to which any tort or nuisance committed is ‘continuing’ and the impact that may have on the applicable limitation...
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Modernization of the Environmental Authorization Scheme Under the Environment Quality Act (Quebec)
On June 7, 2016, David Heurtel, Minister of Sustainable Development, Environment and the Fight Against Climate Change, introduced Bill 102 entitled “An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative...
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Solicitors’ Negligence Case Incorporates Scary Diligence Assumptions for Real Estate Lawyers
The recent Superior Court of Justice decision Dobara Properties Limited et al. v. Arnone et al., 2016 ONSC 3599 (CanLII) (« Dobara« ) has potentially alarming implications for real estate lawyers’ practice with respect to the scope of their diligence and reporting...
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BC Ministry of Environment – Proposed Amendments to the BC Contaminated Sites Regulation
Following a year of consultation with various stakeholders, the British Columbia Ministry of Environment (“MOE”) has released a series of omnibus documents (the “Stage 10 Amendments”) regarding proposed updates to the BC Contaminated Sites Regulation (“CSR”). The Stage 10 Amendments...
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Can a municipal noise bylaw be suspended at an interlocutory stage? A Quebec court answered affirmatively
Coexistence of conflicting property uses due to urban development is one of the major challenges which municipalities have to deal with. Municipalities often authorize residential development or redevelopment of property near existing commercial, industrial or recreational activities, which can then...
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No Fault Orders and the Potential Liability of Realtors
The potential liability of a real estate brokerage for the cleanup of contamination at one of its listed properties has demonstrated, once again, the challenges faced by the Ontario Ministry of the Environment and Climate Change (« MOECC ») in exercising judgement...
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Resolving Litigation over Contaminated Land
Contaminated land disputes pose a number of complex and often multidisciplinary problems to a litigator.
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What is the Duty to Report Contamination Discovered by a Consultant or Engineer? A look at Saskatchewan’s New Approach
The Environmental Management and Protection Act, 2010 (“EMPA 2010”) came into force in Saskatchewan on June 1, 2015 in conjunction with The Saskatchewan Environmental Code (the “Code”). EMPA 2010 and the Code aim to implement a new results-based regulatory model...
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BC Supreme Court: Province Cannot Surrender Statutorily-Imposed Environmental Assessment Obligations
Overview The British Columbia Supreme Court has declared that the Province cannot effectively “contract-out” of its environmental certification obligations on proposed energy projects without breaching its duty to consult with affected Aboriginal groups. In Coastal First Nations v. British Columbia...
