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March 14, 2019

Canada-US-Mexico Trade Agreement Recognizes Indigenous Interests

On November 30, 2018, Canada, the United States, and Mexico (collectively, the “Parties”) signed the Canada-United States-Mexico Agreement... More
March 13, 2019

The Price of Environmental Review Tribunal Cost Awards

The Environmental Review Tribunal (“ERT”) has awarded costs in rare circumstances, only when a party’s conduct has been exceptionall... More
March 12, 2019

How will the Proposed Pan-Canadian Securities Regulator Change the Game for Environmental Reporting Obligations?

On November 9, 2018, the Supreme Court of Canada (“SCC”) opened the door for a proposed national securities regulator in Reference re Pan-... More
March 11, 2019

Ontario’s Proposal to Address Greenhouse Gas Emissions: Industrial Emission Performance Standards

On February 12, 2019, the Government of Ontario posted its proposal for the Emissions Performance Standards (EPS).  The EPS proposal is Onta... More
February 05, 2019

Case to Watch: Does the Duty to Consult Apply to Maintenance of Existing Pipelines?

In Aroland First Nation v Transcanada Pipelines Limited, the Ontario Superior Court of Justice declined to decide on a motion whether the duty to cons... More
January 08, 2019

Minimum Fines

In R v Henry of Pelham Inc., the minimum fine was abrogated twice.  The Justice of the Peace (“JP”) and judge on appeal each awarded ... More
December 20, 2018

Ontario Court of Appeal Denies Leave to Appeal: Environmental No-Fault Order Compelling Off-Site Investigation Stands

Last week, the Ontario Court of Appeal denied leave to appeal from the Divisional Court’s decision in Hamilton Beach Brands Canada, Inc. v Minis... More
November 22, 2018

Supreme Court Decides That Duty to Consult Does Not Apply to Law-Making Process: Mikisew Cree First Nation v Canada

On October 11, 2018, the Supreme Court of Canada (“SCC”) released its decision in Mikisew Cree First Nation v Canada (Governor General in ... More
November 02, 2018

Will the ERT Sweep Away the Municipality’s Argument?

Are street sweepings waste?  The Environmental Review Tribunal (“ERT”) may soon decide. Each year the City of Mississauga (“Cit... More
October 22, 2018

The Federal Court of Appeal Quashes the Trans Mountain Pipeline Expansion: An Overview of Tsleil-Waututh Nation v Canada (Attorney General)

In August 2018 the Federal Court of Appeal (the “Court”) released its decision, Tsleil-Waututh Nation v Canada (Attorney General), which q... More
October 16, 2018

Cannabis is the new Kale? Ontario Veggie Growers are Turning a New Shade of “Green”

Ahead of the federal government’s anticipated legalization of recreational cannabis on October 17, 2018, some Canadian vegetable growers are tur... More
October 11, 2018

Ontario Calls It Quits: Implications of Ontario’s Decision to Cancel Cap-and-Trade

The Ontario government has committed to ending the cap and trade program in Ontario, fulfilling a campaign pledge made by Premier Ford earlier this ye... More
October 05, 2018

The New Impact Assessment Process: Fostering Partnerships with Indigenous Peoples

On June 20, 2018 Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act an... More
September 27, 2018

Consultation Expectations: Can the Government Change its Consultation Approach and Still Satisfy its Duty to Consult?

Federal, provincial, and territorial governments have a duty to consult Indigenous peoples when the government has knowledge of an Aboriginal right or... More
September 06, 2018

Environmental No-Fault EPA Orders Compelling Off-Site Investigations are Alive and Well in Ontario

Ontario’s Environmental Protection Act (“EPA”), section 18 permits the Ministry of the Environment, Conservation and Parks (“M... More
July 17, 2018

Working Towards Economic Reconciliation: Government Resource Revenue Sharing in British Columbia, Ontario, and the Yukon

On May 3, 2018, the Government of Ontario and a number of First Nations signed resource revenue sharing agreements.  The agreements require Ontar... More
July 11, 2018

Court of Appeal Rules on Latest Contaminated Lands Case: Huang v Fraser Hillary’s Limited

On June 8, 2018, the Ontario Court of Appeal released its latest decision dealing with liability for contaminated lands: Huang v. Fraser Hillary&rsquo... More
June 04, 2018

Significant Fines Upheld in Sunrise Propane Explosion

The appeal decision in R. v Sunrise Propane Energy Group Inc. highlights the importance of being duly diligent and having preventative systems in... More
May 08, 2018

Key Developments in Environmental Law 2017 Edition

Key Developments in Environmental Law 2017 features an insightful collection of articles written by renowned environmental lawyers and environmental p... More
April 30, 2018

Environmental Lawsuits – “But, I’m Not the Polluter, Just the Landlord Next Door…”

Consider a straightforward hypothetical: Party A undertakes an activity at its property that causes pollution to migrate to an adjacent property. ... More
April 17, 2018

Linking Environmental Exposure to Illness in Human Health Claims

Injured individuals seeking to prove in Court a health claim that arises from an environmental exposure can experience evidentiary challenges.  P... More
April 12, 2018

Jacquelyn Stevens Article in the March/April 2018 issue of Fabricare Canada Magazine

Check out partner and Certified Environmental Law Specialist  Jacquelyn Stevens article titled: Your meeting with your environmental la... More
April 12, 2018

Fabricare Canada Magazine Highlights Presentation by Jacquelyn Stevens on Drycleaner Risks and Liabilities

The January/February 2018 issue of Fabricare Canada magazine highlights a presentation given by Willms & Shier Environmental Lawyers par... More
March 16, 2018

Cumulative Effects Assessment: Ontario forges new policy to protect local air quality

On February 7, 2018, the comment period closed for the Ministry of the Environment and Climate Change’s (MOECC’s) proposed policy for cumu... More
March 01, 2018

No one Wants to Inherit Environmental Liability – Limiting Beneficiaries’ Liability Environmental Protection Act Orders

When drafting a will, don’t forget to consider your beneficiaries’ personal potential environmental liabilities.  If your estate cont... More
March 01, 2018

Food Truthiness – Greenwashing in the Food Industry

“Is it local? Is it organic?” are questions increasingly asked by food consumers.  Many consumers’ food purchasing patterns are... More
February 14, 2018

Ontario Clarifies Administrative Penalty Regime Under Climate Change Legislation

Ontario recently released its Draft Guideline for the Implementation of Administrative Penalties under the Climate Change Mitigation and Low-Carbon Ec... More
February 13, 2018

Brace for Impact (Assessments) – Government of Canada Tables Omnibus Environmental Bill

On February 8, 2018, the Government of Canada tabled Bill C-69,An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to ame... More
February 12, 2018

Majority of Northern Environmental Prosecutions Resulting in Fines are Under Fisheries Act

Since 2000, nearly all of the environmental charges and fines that companies have faced in the North have been brought under the federal Fisheries Act... More
February 08, 2018

International Comparative Legal Guide to: Environment & Climate Change Law 2018

Congratulations to Richard Butler and Joanna Vince for their contribution in the published guide titled: International Comparative Legal Gui... More
February 07, 2018

Scaling up Protections – Government of Canada Tables Fisheries Act Amendments

On Tuesday, February 6, 2018, the Government of Canada tabled Bill C-68 comprising 56 pages and entitled An Act to amend the Fisheries Act and other A... More
January 31, 2018

The Lawyer's Daily - When is the right to sue for damages from historic contamination lost?

Check out Jacquelyn Stevens article titled: When is the right to sue for damages from historic contamination lost? This article originally ... More
January 31, 2018

Ontario Sets the Stage for Greenhouse Gas Offset Credits

Ontario continues to implement and refine its cap and trade program.  Recently, Ontario finalized an Offset Credits Regulation (O. Reg. 529/17), ... More
December 22, 2017

Alberta Update: When Does a Plaintiff Lose the Right to Sue for Historic Contamination?

In Alberta, there is an ultimate limitation period of 10 years from the date the claim arose regardless of when a plaintiff knew or ought to have know... More
December 22, 2017

Navigating Environmental Risk: When and How to Apply the Precautionary Principle

The interpretation and application of the precautionary principle in Canada is far from settled.  The Supreme Court of Canada has recognized one ... More
December 08, 2017

Reconciliation Includes Respecting Land Claims Agreements and Co-Management Processes – Supreme Court of Canada Quashes Yukon’s Peel Watershed Land Use Plan

On December 1, 2017 the Supreme Court of Canada released its long-awaited decision on the future of Yukon’s Peel watershed.  In its un... More
November 30, 2017

Tenant Dry Cleaner Wins at Court: Landlords Must Give Tenants Reasonable Period of Time to Comply with Regulatory Requirements in their Leases

In Jay-Pee Drycleaners Inc v 2321324 Ontario Inc the Ontario Court of Appeal confirmed that when commercial landlords require tenant dry cleaners... More
November 30, 2017

Like Oil and Water: Courts Struggle to Mix Bankruptcy and Environmental Law – SCC to Hear Redwater Appeal

The Supreme Court of Canada (SCC) granted leave to hear the appeal of Orphan Well Association v Grant Thornton Limited.  The SCC will recons... More
November 13, 2017

A Sizeable Challenge Lies Ahead as Canada Surveys and Assesses Environmental Risks of Nanomaterials

Canadians interact with nanomaterials in daily life with limited or no understanding about potential impacts.  Nanotechnology is used in many ind... More
November 10, 2017

Supreme Court Finds Development of Jumbo Valley Ski Resort Does Not Impair Ktunaxa Nation’s Freedom of Religion

In Ktunaxa Nation v British Columbia, the Supreme Court considered the application of freedom of religion to Indigenous spirituality for the first tim... More
November 08, 2017

David Persists Against Goliath – Ontario Court of Appeal Overturns Security for Costs Order Against Ecuadorian Claimants

In the latest development in the Yaiguaje v Chevron Corporation saga, the Ontario Court of Appeal (“OCA”) has vacated a security for costs... More
October 18, 2017

The Lawyer's Daily: Overeager experts get wake-up call as they battle it out in environmental litigation

See Marc McAree’s and Victoria Chai’s article titled Overeager experts get wake-up call as they battle it out in environmental litigation ... More
October 17, 2017

Jail for environmental offences – How bad do you have to be?

Parties convicted of environmental offenses are usually punished with fines.  Sometimes, a bad actor’s conduct does warrant jail time. What... More
September 28, 2017

The Due Diligence Defence: Your Bridge Over Troubled Water

Toronto based construction company 2280577 Ontario Inc. (228) was one of four separate companies involved in the construction of a large solar farm in... More
September 20, 2017

Oil Spill Liability - Kawartha Lakes Continues

In the most recent decision in the ongoing Kawartha Lakes saga, the Superior Court of Justice found homeowner Mr. Wayne Gendron partly responsible for... More
September 11, 2017

Don’t Purchase a Lemon: Top 5 Mistakes to Avoid when Closing the Deal!

Buying real estate is like buying a used car; if you are not careful, you can end up with a lemon. However, unlike buying that used car, purchasi... More
August 23, 2017

GNWT Seeks Feedback on Development of New “made-in-North” Mineral Resources Act

The Government of the North West Territories (“GNWT”) is formally engaging with interested stakeholders, Indigenous governments and people... More
August 21, 2017

Wind Farm Approval Revoked Due to Human Safety Concerns

On August 16, 2017 the Environmental Review Tribunal (the "Tribunal") released its decision in Wiggins v Ontario (Environment and Climate Change), inv... More
July 31, 2017

Heavy Lies the Head that Wears the Crown: SCC Delivers Clyde River and Chippewas Judgments

On July 26, 2017, the Supreme Court of Canada released its unanimous decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. and Chippewas of ... More
July 25, 2017

Saugeen First Nation v Ontario: Court Comments on Crown Role and Consultation Funding

The Ontario Divisional Court recently released its decision in Saugeen First Nation v Ontario.  In many ways, this decision describes a case stud... More
July 17, 2017

BC Court Declines to Issue Injunction in Aboriginal Treaty Rights Case

The Supreme Court of British Columbia recently released its decision in Yahey v British Columbia. The Court clarified the requirements for Aboriginal ... More
July 10, 2017

Federal Discussion Paper Released on Review of Environmental Regulatory Processes

In keeping with its 2015 election platform, the Liberal government launched a comprehensive review in June 2016 of the following key pieces of environ... More
June 29, 2017

Don’t be Hung Out to Dry – Know Your Dry Cleaner Reporting Requirements!

Dry cleaners should be aware of new reporting requirements under the Canadian Environmental Protection Act (“CEPA”). On April 1st, 2017, t... More
May 11, 2017

Is Your Contract with a First Nation Binding? Maybe Not.

Industry and First Nation governments frequently contract with each other on the basis that the signature of the Chief, or Chief and Council, is the o... More
May 03, 2017

Tips for Homeowners – What to do if you Find an Underground Fuel Oil Tank in Your Backyard

Fuel oil leaks from underground storage tanks (“USTs”) into the soil and groundwater can result in environmental damage and significant co... More
April 07, 2017

Environmental Rectification Expense Insurance for Environmental Contractors and Consultants

XL Catlin announced that it is now offering environmental contractors and consultants the option to add "rectification expense" coverage to XL Catlin&... More
April 06, 2017

Expert Panel Releases Its Report: A New Vision for Impact Assessment in Canada

Upon being sworn in as Minister of Environment and Climate Change, the Hon. Catherine McKenna, received her mandate letter from the Prime Minister to,... More
March 23, 2017

CCME Offers New Contaminated Site Characterization Guidance

The Canadian Council of Ministers of the Environment recently published an updated Guidance Manual for Environmental Site Characterization in four vol... More
March 09, 2017

Dueling Environmental Experts: The Court Accepts the More Fact-Based, Reliable and Plausible Explanation

When a party finds itself in an environmental dispute, what evidence must it submit to support its case? And will that evidence succeed in Court? For ... More
February 22, 2017

Is There a Duty to Consult on Legislation? SCC May Decide

This week the SCC received an application to hear an appeal of the Federal Court of Appeal ("FCA") decision in Canada (Governor General In Council) v ... More
January 30, 2017

New NEB Energy East Panel Reset

On January 9, 2017, the National Energy Board appointed three new members to hear the Energy East application following the recusal of the previous pa... More
December 20, 2016

Federal Government on the Right Track – Improved Safety Standards for Transportation of Crude Oil by Rail

Whether by pipeline, rail or road, transporting petroleum products comes with risks to people, property and the environment.  Although pipelines ... More
December 12, 2016

Canada and Most Provinces Agree to Pan-Canadian Framework on Clean Growth and Climate Change

On December 9, 2016, the Government of Canada and most Canadian provinces adopted the Pan-Canadian Framework on Clean Growth and Climate Change. The F... More
December 09, 2016

New Real Property Register May Have Environmental Implications

On December 10, 2016, the Ontario Business Corporations Act ("OBCA") will be amended by the Forfeited Corporate Property Act, 2015 ("FCPA") to include... More
December 06, 2016

Rubin v MOECC: Balancing Environmental Protection and Financial Hardship

When the Ontario Ministry of the Environment and Climate Change (MOECC) orders businesses or individuals to complete work required to protect the envi... More
December 01, 2016

Aboriginal Consultation and Administrative Proceedings: Two Cases Heard by the SCC in November

For Indigenous law watchers, November 30, 2016 was a notable day. The Supreme Court of Canada (SCC) in a day long sitting heard Hamlet of Clyde River ... More
November 23, 2016

Energy Savings: Unlocking Triple Bottom Line Benefits

Institutions looking to reduce their environmental footprint and greenhouse gas emissions are taking note of a new idea - Energy Performance Contracti... More
November 15, 2016

Municipalities and Contamination: What are you going to do when homeowners come for you?

Municipalities continue to grapple with environmental liability.  A recent lawsuit in Montreal shows what can happen when municipalities knowingl... More
November 11, 2016

Making Environmental Approvals EAS(ie)R?

On September 26, 2016, the Ontario Ministry of the Environment and Climate Change (MOECC) posted a draft regulation that seeks to streamline the appro... More
November 11, 2016

Proposed Amendments to Environmental Legislation: Streamlined Approvals and Other Updates

The Ontario government has introduced new legislation and a draft regulation intended to reduce the regulatory burden and approvals process for some e... More
November 11, 2016

Burden Reduction Act to Streamline Environmental Approvals and Compliance Checks

On September 27, 2016, the Minister of Economic Development and Growth reintroduced omnibus Bill 27, the Burden Reduction Act 2016, for First Reading.... More
October 21, 2016

Robust Environmental Management System Serves to Fully Absolve Defendant: R v Control Chem Canada Ltd.

On March 15, 2016, the Ontario Court of Justice ("OCJ") released its decision in R v Control Chem Canada Ltd.  The company was charged ... More
October 11, 2016

How Should Plaintiffs Quantify Their Losses Due to Contamination? Property Appraisal or Remediation Estimate?

In civil lawsuits for losses due to soil and groundwater contamination, plaintiffs often quantify their damages as either: the cost to remediate th... More
October 04, 2016

Ontario’s Climate Change Expectations for Projects Undergoing Environmental Assessment

Ontario’s Ministry of the Environment and Climate Change (MOECC) continues to roll out its Climate Change Action Plan with its proposed greenhou... More
October 04, 2016

Canada Announces National Carbon Pricing by 2018

On July 28, 2016, we wrote about the Government of Canada’s intention to propose a plan for national carbon pricing in the fall. At the time, ma... More
September 27, 2016

Unreasonable Delay and Environmental Prosecutions

Companies and individuals who may be charged with environmental offence, often ask how long the legal proceedings may last.  In the event the def... More
September 15, 2016

Reconciliation Update: A Look Beyond Resource Engagement

As we focus on fall activities for resource and infrastructure projects, some may pause to consider the Indigenous issues which are top of mind in pro... More
September 07, 2016

Climate Change Action Plan: Indigenous Partnerships and Clean Energy

On June 8, 2016, Ontario released its Climate Change Action Plan ("CCAP"). The five year plan outlines the province’s strategy and commitments t... More
August 31, 2016

Canadian Industrial Facilities to Face National Air Standards for First Time

Earlier this summer, the Canadian government finalized the Multi-Sector Air Pollutants Regulations [MSAPR].  This is the first time Canada has im... More
August 30, 2016

Road Salt Leads to Environmental Hyper-Tension

Some might think that spreading road salt is a typical Canadian winter pastime, just like snowshoeing or snowball fights.  As Mr. Bousfield found... More
August 16, 2016

Small Fines; Big Consequences

Individuals and corporations considering pleading guilty and paying a small fine instead of appealing a charge should be aware of the hidden costs of ... More
July 28, 2016

Canada to Introduce Plan for National Carbon Pricing

Since attending the United Nations’ Climate Change Conference in Paris, Canada’s federal and provincial governments have been in discussio... More
July 26, 2016

Alberta Provides Guidance on Use of Exposure Control to Manage Risks at Contaminated Sites

Alberta Environment and Parks has published a new guidance document entitled Alberta Exposure Control Guide (the "Guide"). The Guide outlines the... More
July 21, 2016

MOECC’s Policy Review on Air Pollution, Fracking, Spills and Waste Diversion

The Ministry of the Environment and Climate Change (MOECC) has released a status report on a series of policy reviews it is conducting in response to ... More
July 13, 2016

Update: Wind Farms vs Blanding’s Turtles – ERT Decision Stands

The period for filing an appeal of the Environmental Review Tribunal (“ERT”) decision on the Ostrander Point Wind Farm has passed.  T... More
July 11, 2016

Ontario Government to Support Indigenous and Community Involvement in Renewable Energy Projects

On June 27, 2016 Ontario’s Independent Electricity System Operator (IESO) commenced its Energy Partnerships Program (EPP).  The EPP merges ... More
July 08, 2016

Northern Gateway Pipeline Project on Hold Until Canada Adequately Fulfills Duty to Consult

Canadian resource industry, government leaders and Aboriginal communities will be adding the recent Federal Court of Appeal Northern Gateway decision ... More
June 30, 2016

Wind Farms vs Blanding’s Turtles – A Final Decision At Last?

On June 6, 2016 the Environmental Review Tribunal ("ERT") released its decision determining the appropriate statutory remedy respecting the Director&r... More
June 22, 2016

Seeking to Restore Public Trust – The Federal Government Launches Review of Environmental & Regulatory Processes

On Monday, the federal government announced a comprehensive review of environmental and regulatory processes. The highlights of the announcement indic... More
June 21, 2016

Legislative Changes Ahead? Commons Committee Calls for Overhaul of Federal Sustainable Development Legislation

In a detailed and hard-hitting report released June 17, 2016, the Standing Committee on Environment and Sustainable Development, said the government&r... More
June 21, 2016

Will the Redwater Decision Encourage Reckless Abandon(ment) of Oil and Gas Wells in Alberta?

On May 19, 2016, the Alberta Court of Queen’s Bench released its decision in Redwater Energy Corporation (Re).  The issues at hand were whe... More
June 17, 2016

Fabricare Canada Magazine Highlights Article by Jacquelyn Stevens titled Jail Time and Hefty Fines

The May/June 2016 issue of Fabricare Canada magazine highlights an article written by Willms & Shier partner Jacquelyn Stevens. Jac... More
June 10, 2016

Cap and Trade Update: Funding Innovation at Institutions

Ontario’s Cap and Trade System under the Climate Change Mitigation and Low-Carbon Economy Act, 2016, could mean additional financial challenges ... More
May 26, 2016

Ontario Passes Cap-and-Trade Legislation: What Can You Expect?

On May 18, the Ontario Legislature passed Bill 172, the Climate Change Mitigation and Low-Carbon Economy Act, 2016.  Bill 172 might be arguably t... More
May 25, 2016

Homeowners Denied Environmental Coverage for Contamination – Doctrine of Imminent Peril

Coverage for losses due to environmental contamination in residential homeowner insurance policies is rare.  Where a homeowner discovers contamin... More
May 13, 2016

In The Arg Devco Case The OMB Wades Into Brownfields Legislative Jurisdiction

Proponent working since 2014 to fulfill OMB condition of subdivision approval that requires it to file a Record of Site Condition (RSC). This, itself,... More
April 29, 2016

Métis and Non-status Indians: Out of the Jurisdictional Wasteland

On April 14, 2016, the Supreme Court of Canada released its decision in Daniels v Canada (Indian Affairs and Northern Development).  In this land... More
April 27, 2016

Alberta’s Environmental Site Assessment Standard – New Guidance For Consultants and Property Owners

On March 1, 2016, the Government of Alberta published a guideline about the minimum requirements for environmental site assessments ("ESAs") in the pr... More
April 27, 2016

Alberta’s New Remediation Requirements In Effect On May 1, 2016

On February 2, 2016, the Government of Alberta released its revised soil and groundwater remediation guidelines.  The Alberta Tier 1 Soil and Gro... More
April 26, 2016

Burst Asbestos Bubble – Say That Five Times Fast!

The Ontario Court of Appeal recently dismissed a contractor’s appeal for damages due to exposure to asbestos. The contractor’s employees w... More
April 13, 2016

Public Interest Group’s Costs Order Reduced Notwithstanding OMB’s Finding of Unreasonable Conduct

A public interest group’s costs order has been reduced from $110,000 to $50,000 by the OMB. In November 2015, the Concerned Residents Associati... More
April 08, 2016

Ontario Relaxes Approvals for Routine Water-Taking

The Ministry of the Environment and Climate Change (MOECC) is planning to ease or remove the requirement for permits to take water (PTTW) for certain ... More
March 28, 2016

2016 Federal Budget Increases Funding for Environmental and Aboriginal Issues in Canada

On March 22, 2016, Finance Minister Bill Morneau introduced the Liberal Government’s first budget ("2016 Budget") since winning last year’... More
March 21, 2016

Ontario’s Cap and Trade Update

Ontario has forged ahead with its plans to introduce a Cap and Trade System, with the announcement of the Climate Change Mitigation and Low-carbon Eco... More
March 14, 2016

Jail Time For Repeated Non-Compliance: Dry Cleaner Hit Hard By The Environmental Enforcement Act

An owner of a dry cleaner has been sentenced to four months of jail time for repeated failure to follow Environment and Climate Change Canada’s ... More
March 10, 2016

The Dirt On Excess Soil: Ministry of the Environment and Climate Change Releases Framework For the Regulation and Oversight of Excess Soil

The Ministry of the Environment and Climate Change has posted the Proposed Excess Soil Management Policy Framework on the Environmental Registry for r... More
March 07, 2016

Building Owners Concerned About Proposed Energy and Water Regulation

Private sector owners of large buildings – commercial operations, multi-unit residential buildings and some industrial facilities – will b... More
February 23, 2016

Insurer off-the-hook for Release of Pollutants Caused by Fire

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s ("Precision Plating") application for leave to appeal the Briti... More
February 18, 2016

City Hall Shakes Up Sewer Discharge By-law

At its meeting of February 3, Toronto City Council voted to amend the Sewers By-law (Municipal Code Chapter 681) and the Water Supply By-law (Municipa... More
February 11, 2016

Public Interest Group Ordered to Pay $110,000 in Costs for Unreasonable Conduct

The OMB dismissed a public interest group’s appeal and ordered the group to pay the proponent $110,000 in costs. The OMB called the public inter... More
February 08, 2016

$5.3M in Fines Against Sunrise Propane and Directors for Fiery Propane Explosion

On January 25, 2016, the Ontario Court of Justice (OCJ) imposed $5.3 million in fines plus victim fine surcharges (VFS) on Sunrise Propane Energy Grou... More
February 03, 2016

Jail Sentences Are Rare But Not Unheard Of In Environmental Matters

The owner and operator of an asbestos removal company has been sentenced to 45 days in jail for persistent non-compliance with the Environmental Prote... More
January 28, 2016

Federal Government Releases New Interim Principles for Natural Resource Development Projects Currently Under Regulatory Review

The Government of Canada has announced five "interim" principles to guide the review of a number of major resource projects while it undertakes a broa... More
January 27, 2016

Polluter Pays Doctrine Underscored: Section 99(2) of the EPA Applied: Some Thoughts on Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819

Ontario’s Court of Appeal awarded damages for migration of petroleum hydrocarbons onto a neighbouring property in Midwest Properties Ltd. v. Tho... More
January 26, 2016

Claims against Historic Gas Station Owner/Operator Fails to Stay A"Floate" on Summary Dismissal Application

The Alberta Court of Queen’s Bench in Floate v. Gas Plus reminds plaintiffs that they must prove that each defendant is responsible for the alle... More
January 22, 2016

Ontario Approves Final Source Water Protection Plan

On November 26, 2015, Ontario approved the Grand River Source Protection Plan. The Plan will take effect on July 1, 2016. This is the 22nd and final s... More
December 17, 2015

Chronic Non-Compliance Earns Cement-Maker Substantial Environmental Fines

On December 4, 2015, Essroc Canada Inc. was fined a total of $200,000, plus a victim surcharge of $50,000, for discharging dust into the natural envir... More
December 15, 2015

Ross River Dena Council v. Yukon: The Duty to Consult and Wildlife Management

On November 26, 2015, the Supreme Court of Yukon (the “Court”) released its decision in Ross River Dena Council v. Yukon.  This is no... More
December 07, 2015

Peel Watershed Decision: Yukon did not Honour the Letter or Spirit of the Final Agreements, Peel Watershed Planning Returned to Earlier Stage in Process

On November 4, 2015 the Yukon Court of Appeal (the “Court”) released its decision in The First Nation of Nacho Nyak Dun v. Yukon, rejectin... More
December 03, 2015

Is Your Tree a “Border Tree” or a “Straddle Tree” or Is It Just Plain Old Neighbourly Love – Not Likely?

As with all aspects of environmental law, the law turns on the facts.  The law of trees is no different.  And, it is often the technical adv... More
November 30, 2015

Waste-Free Ontario Act: Ontario's Proposed New Waste Reduction Regime

On November 26, 2015, Ontario’s Ministry of the Environment and Climate Change (“MOECC”) posted the proposed Waste-Free Ontario Act ... More
November 20, 2015

Operating Authorities Would be Required to Assess the Threat Posed by Climate Change, Algal Blooms and Other Hazards to Municipal Drinking Water Systems

Draft revisions to the Drinking Water Quality Management Standard (DWQMS) being proposed by the Ministry of Environment and Climate Change (MOECC) wou... More
November 19, 2015

Ontario Releases Details on Proposed Cap and Trade Program

On November 16, 2015, Ontario’s Ministry of the Environment and Climate Change (“MOECC”) posted details about Ontario’s propos... More
November 18, 2015

Ministry Updates Air Dispersion Models and Will Provide Advance Warning of Any Future Changes

The Ministry of the Environment and Climate Change (MOECC) has adopted by reference into law the use of two updated air dispersion models under sectio... More
November 13, 2015

An Environmental Lawyer’s Take on Ménard v. Parsons: Disclosure of Environmental Matters

Vendor’s disclosure of environmental issues that could be characterized as latent defects should best be made by disclosure of original material... More
November 12, 2015

COP21 and the New Reality of Ontario’s Cap-and-Trade Vision

The 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) is fast approaching (November 30 to December 1... More
November 04, 2015

Continuing Nuisance Requires Proof of Additional Damage and Damages During the Prior Two Year Limitations Period, Court Confirms

On Thursday, October 22, 2015 the Ontario Court of Justice released its decision on a motion for summary judgment in a civil action for damages arisin... More
October 29, 2015

First Nations Not Barred From Bringing Claims Against Private Parties Based On Harm To Unproven Aboriginal Rights, Title and Treaty Rights

The Supreme Court of Canada will not hear appeals of British Columbia and Quebec Court of Appeal decisions allowing First Nations to proceed in lawsui... More
October 16, 2015

Third Time Lucky as Great Lakes Protection Act is Finally Passed

After two earlier versions died on the order paper, the Ontario Legislature finally passed Bill 66, the latest iteration of the Great Lakes Protection... More
October 02, 2015

Rocha v Ontario, Environment and Climate Change

A financial advisor and lender has been personally ordered by the Ministry of the Environment and Climate Change (MOECC) to clean up a contaminated pr... More
August 19, 2015

Ontario Approves Source Protection Plan for much of the Greater Toronto-Hamilton Region

On August 14, 2015, Ontario approved the Credit Valley-Toronto and Region-Central Lake Ontario (CTC) Source Protection Plan (SPP) and the Halton-Hamil... More
July 23, 2015

Yellowknives Dene First Nation v. Debogorski: Is the duty to consult changing?

On June 23, 2015, the Federal Court of Appeal (“FCA”) released Yellowknives Dene First Nation v. The Minister of Aboriginal Affairs and No... More
July 21, 2015

NEB Releases List of Aboriginal Intervenors for Energy East

The National Energy Board (“NEB”) has released a list of 109 Aboriginal groups that have been approved as Intervenors in the proceedings b... More
May 12, 2015

BC Court of Appeal: First Nations can bring tort claims for harm to asserted rights

On April 15, 2015 the British Columbia Court of Appeal (“BCCA”) released Saik’uz First Nation v Rio Tinto Alcan Inc. (&ldq... More
May 01, 2015

Supreme Court of Canada to Hear Fracking Case on Regulator Immunity

On April 30, 2015 the Supreme Court of Canada granted leave to appeal with costs to Jessica Ernst for her claim against Alberta Energy Regulator (&ld... More
April 28, 2015

Nunavut Homeowner Ordered to Pay $55,000 for Heating Oil Tank Spill

On April 13, 2015 a homeowner from Apex, Nunavut was ordered to pay the Government of Nunavut $55,000 in restitution for clean up expenditures resulti... More
April 23, 2015

Endangered Blanding’s Turtle Fight Continues: Ontario’s Court of Appeal Sends Wind Farm Case Back to the Environmental Review Tribunal (ERT)

On April 20, 2015, the Ontario Court of Appeal released its decision restoring the ERT’s conclusion that a nine turbine wind energy project at O... More
April 17, 2015

Ontario to join Quebec and California in Implementing Carbon Cap and Trade System to Reduce Greenhouse Gas Emissions

On April 13, 2015, Ontario announced that it would join Quebec and California’s harmonized cap and trade system to reduce greenhouse gas (GHG) e... More
April 07, 2015

Groundbreaking IIBA and Land Tenure Agreements in Nunavut

The Kitikmeot Inuit Association (“KIA”) and TMAC Resources Inc. (“TMAC”) signed a 20 year Inuit Impact and Benefits Agreement ... More
April 01, 2015

CIM Magazine Highlights Article on Environmental Regulatory Liability in the Mining Sector by Richard Butler and Nicole Petersen

Willms & Shier lawyers Richard Butler and Nicole Petersen's article "Environmental regulatory liability in the mining sector" is featured in the M... More
April 01, 2015

The Northwest Territories and Alberta Sign a Mackenzie River Basin Bilateral Water Management Agreement

On March 18, 2015, the Government of the Northwest Territories and the Government of Alberta signed a Mackenzie River Basin Bilateral Water Management... More
March 27, 2015

Update: Canada files Notice of Appeal for the Injunction granted by the Northwest Territories Supreme Court to Delay Elimination of Wek’èezhìi Land and Water Board

This is an update to our March 2, 2015 article entitled Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination o... More
March 17, 2015

Water Canada Magazine Highlights Article on Stormwater Management by Julie Abouchar

Willms & Shier partner Julie Abouchar's article "Adaptation Strategy", written with the assistance of Mark Youden, Student-at-Law, ... More
February 19, 2015

Ontario Source Water Protection Plan Approval Update

Ontario has approved 15 new Source Water Protection Plans (SPP) under the Clean Water Act, 2006. The latest is the South Georgian Bay Lake Simcoe Sour... More
February 19, 2015

Company Fined $185,000 under the Fisheries Act for Discharge to Municipal Drain

On November 6, 2014, the Alberta Provincial Court ordered Norellco Contractors Ltd. (Norellco) to pay $185,000 after Norellco pleaded guilty to one co... More
February 19, 2015

Canada’s Hazardous Products Act and Regulations To Implement Globally Standardized Rules

On February 11, 2015, the federal Hazardous Products Regulations (HPR) and the Hazardous Products Act (HPA) came into force. The HPR and HPA implement... More
February 02, 2015

The Court of Appeal’s Decision in Moore v Getahun

On January 29, 2015, the Ontario Court of Appeal held that counsel and their experts are permitted to confer in a way that does not interfere with an ... More
February 02, 2015

Experts in Environmental Litigation

Environmental litigators find themselves embroiled in a world of disputes where science, engineering and environmental law intersect. These disputes l... More
January 16, 2015

Richard Butler Discusses the Use of Helicopters in Northern Claim Staking Appears in CIM Magazine

Richard Butler's article, "The Helicopter Protocol: Northern Claim Staking" appeared in The Canadian Institute of Mining, Metallurgy and Petroleum's N... More
January 12, 2015

Energy East Pipeline Project Moves Closer to National Energy Board Hearing

TransCanada/Energy East’s Application to develop an oil pipeline to run from Alberta and Saskatchewan refineries to Eastern Canada moved steps c... More
January 06, 2015

First Nation Challenges to Hydroelectric Development - A Tale of Two Provinces

A new article by Julie Abouchar and Nicole Petersen comparing hydro development in Ontario with the historical, policy and legal reasons for the chall... More
December 23, 2014

Rocha v Director, Ministry of the Environment—ERT Refuses Mortgagee’s Stay Pending Appeal

On September 23, 2014, the Ontario Environmental Review Tribunal (ERT) released its interlocutory decision in Rocha v Director, Ministry of the Enviro... More
December 23, 2014

2014 Environmental Case Law Year in Review

Canadian environmental case law during the past 18 months gave environmental lawyers much to talk about. Personal liability of directors and officers ... More
December 23, 2014

Ontario Regulatory Amendments Strengthen Protection of Great Lakes–St. Lawrence River Basin

Companies and entrepreneurs wishing to divert water from one Great Lake watershed to another should note stricter requirements, the last of which will... More
December 10, 2014

The First Nation of Nacho Nyak Dun v Yukon—Interpretation, Reconciliation and the Land Use Planning Process in Modern Treaties

On December 2, 2014, the Yukon Supreme Court released its much anticipated decision in The First Nation of Nacho Nyak Dun v Yukon. The decision centre... More
November 28, 2014

New NWT Wildlife Act Comes Into Force November 28, 2014

On November 28, 2014 the new Northwest Territories Wildlife Act will be called into force. The new Act sets out a comprehensive framework for the... More
November 21, 2014

Ring of Fire Secretariat Provides Update on Infrastructure Development

In late August 2014, the Ontario government established the Ring of Fire Infrastructure Development Corporation (the Corporation). The Corporation&rsq... More
November 21, 2014

Marc McAree Describes the Legal Risks of "Greenwashing"

Marc McAree is quoted in a Law Times article discussing the legal risks companies and individuals may face arising from false environmental claim... More
November 19, 2014

Health Canada’s Preliminary Results Indicate Wind Turbine Noise Exposure is Annoying, But Not Linked to Self-Reported Illnesses and Conditions

On November 6, 2014, Health Canada and Statistics Canada released the highly anticipated preliminary findings from their wind turbine noise and health... More
November 18, 2014

Alberta Court Rules Novel Fracking Claim Against Province Has Reasonable Prospect of Success

On November 7, 2014, a decision by the Court of Queen’s Bench of Alberta dismissed the Government of Alberta’s application to strike porti... More
November 11, 2014

Largest Penalty in U.S. Clean Air Act History for Underreporting Emissions and Fuel Economy

On November 3, 2014, the U.S. Environmental Protection Agency (U.S. EPA) announced a proposed settlement between Kia, Hyundai, U.S. Government and Cal... More
November 11, 2014

Canada Tables Extractive Sector Transparency Measures Act – Mandatory Reporting of Payments to Aboriginal Governments

Mandatory disclosure of payments made to Aboriginal communities from companies in the oil, gas and mining sectors will likely soon become a reality. O... More
November 06, 2014

Julie Abouchar Discusses Provincial Aboriginal Consultation Responsibilities and What Proponents Can Do to Move Projects Forward

Julie Abouchar is quoted in a Law Times article discussing the Supreme Court of Canada's decision in Grassy Narrows First Nation v. Ontario ... More
November 06, 2014

Positioning Ontario within Canada’s Greenhouse Gas Reduction Programs

Ontario’s recently announced aggressive new reduction targets are set within Canada’s patchwork of greenhouse gas emissions reduction... More
October 30, 2014

Ontario Premier Wynne Mandates Aboriginal Priorities

Ontario Premier Kathleen Wynne released mandate letters to her cabinet ministers on September 25, 2014, outlining key priorities for each ministry. Pr... More
October 03, 2014

Ontario Premier Wynne Mandates Environmental and Energy Priorities

Ontario Premier Kathleen Wynne released mandate letters to her cabinet ministers on September 25, 2014, outlining key priorities for each ministry. Pr... More
September 30, 2014

Climate Change Tops the Environmental Agenda

In response to last week’s United Nations Climate Summit in New York, Canada and Ontario announced progress in greenhouse gas reduction initiat... More
September 19, 2014

Alberta Court of Appeal Upholds Regulator’s Immunity in Fracking Case

On September 15, 2014, Alberta’s Court of Appeal dismissed Jessica Ernst’s appeal of the lower court decision holding that Alberta’s... More
September 18, 2014

Mining Claim Staking in Remote Areas – Ontario Mining Recorder Order Confirms Use of Helicopters

On June 24, 2014, the Ontario Provincial Mining Recorder released reasons for his decision in Noront Resources Ltd. (Disputant) v Canada Chrome Corpor... More
September 04, 2014

Ontario Approves Mississippi-Rideau Source Protection Plan

Ontario approved the Mississippi-Rideau Source Protection Plan under the Clean Water Act, 2006 on August 28, 2014. The Plan will take effect on Januar... More
August 27, 2014

Fabricare Canada Magazine Highlights Presentation by Jacquelyn Stevens on Drycleaner Risks and Liabilities

The July/August 2014 issue of Fabricare Canada magazine highlights a presentation given by Willms & Shier lawyer Jacquelyn Stevens at the Ont... More
August 20, 2014

Thornhill v Highland Fuels Reinforces Need for Tank Installers and Fuel Suppliers to Follow Statutory Requirements and Fuel Oil Code

On May 15, 2014, the Ontario Superior Court of Justice released its decision in Thornhill v Highland Fuels. Highland Fuels, the tank installer and fue... More
July 24, 2014

John Donihee Quoted in Article – Developing the North: Poised to expand, but challenges are complex

John Donihee is quoted in an article discussing the complex challenges companies and their law firms face as resource projects in Northern C... More
July 17, 2014

Supreme Court Clarifies Provincial Aboriginal Consultation Responsibilities When Issuing Resource Permits in Keewatin and Applies Tsilqot’in Infringement Test

The Supreme Court of Canada’s recent decision in Grassy Narrows First Nation v Ontario (Natural Resources) (also known as “Keewatin”... More
July 16, 2014

Court Awards Ostrander Costs in Blanding’s Turtle Appeal

The Ontario Divisional Court determined on April 4, 2014 that Prince Edward County Field Naturalists and the Alliance to Protect Prince Edward County ... More
July 08, 2014

Supreme Court of Canada Grants Tsilhqot’in Aboriginal Title in William – Implications for Resource Development in Canada

The Supreme Court of Canada issued a ground-breaking declaration of Aboriginal title on June 26, 2014. The Court’s decision in Roger William (on... More
June 26, 2014

U.S. Supreme Court GHG Decision Paves Way for New Coal-Fired Power Plant Emissions Regulations

On June 23, 2014, the United States Supreme Court held that the United States Environmental Protection Agency (EPA) did not, unilaterally, have the au... More
June 25, 2014

Ontario Premier Wynne’s Post-Election Cabinet Shuffle Brings in New Environment and Natural Resources Ministers

On June 12, 2014, Ontario Premier Wynne won a majority government with 58 out of a possible 107 seats. In the post-election cabinet shuffle, Premier W... More
June 24, 2014

First Nations Launch Drinking Water Lawsuit Against Federal Government

Four Alberta First Nations launched a lawsuit against the federal government on June 16, 2014, alleging that Canada failed to provide resources and in... More
June 24, 2014

John Willms Shares His Experience with the Beginnings of Environmental Law in Ontario

John Willms discusses his experiences as one of the first environmental lawyers in private practice in Ontario in an article and series of video ... More
June 23, 2014

Ottawa Summer Shuffle

On the eve of the Summer Solstice, Prime Minister Harper announced a few changes in the senior ranks of the federal bureaucracy, including posts at En... More
June 18, 2014

Federal Government Approves Northern Gateway Pipeline With Conditions

The Federal Government approved the Northern Gateway pipeline on Tuesday June 17, 2014, adopting the 209 conditions recommended by the Joint National ... More
June 03, 2014

Julie Abouchar Quoted in Article – Eastbound and Down: Atlantic Canada is the Next Major Pipeline Battleground

Julie Abouchar is quoted in an article discussing developments to and challenges facing TransCanada’s Energy East project and Enbridge&rsqu... More
May 20, 2014

Pipeline Update: New Rules, UN Report and Court Challenge to Energy East

A number of news stories caught the attention of pipeline watchers last week. On Monday, the UN’s Special Rapporteur released his report on the ... More
May 08, 2014

TransCanada Files Eastern Mainline Pipeline Project Description with National Energy Board

TransCanada filed its Eastern Mainline Project Description with the National Energy Board (NEB) today. TransCanada proposes to construct and... More
May 08, 2014

Julie Abouchar Quoted in Article - Focus: Disclosure of Mining Payments a Hot Topic

Julie Abouchar is quoted in an article discussing the move to boost transparency regarding mining payments. The article, "Focus: Disclosure of Mi... More
May 08, 2014

Mounting Opposition by Municipalities, Aboriginal Communities and Environmentalists Threatens To Halt Pipeline Development

Five major oil pipeline construction and/or expansion projects in various stages of development across Canada would, if completed, collectively carry ... More
May 05, 2014

Castonguay Convicted Again: Ontario Courts Continue To Recognize Section 15(1) EPA “Duty to Report”

The Ontario Court of Justice has added a couple of expensive postscripts to a landmark legal case that confirmed the incident reporting requirements u... More
May 05, 2014

Limited Partnerships – Dangers for Unwary Limited Partners

Limited Partnerships are unique investment vehicles that provide investors with certain benefits attributable to partnerships and corporate entities. ... More
May 01, 2014

Council of Canadian Academies Raises Questions on Environmental Impacts of Fracking – Current Regulations not Based on Strong Science

The Council of Canadian Academies (CCA) has concluded that development of shale gas reserves is having "profound economic, environmental, and social i... More
April 28, 2014

Federal Government Releases Details of New Environmental Review Process Under CEAA, 2012

Aboriginal Affairs and Northern Development Canada (“AANDC”) has released details of its new Environmental Review Process (ERP) under the ... More
April 22, 2014

2014 Nunavut Mining Symposium Stresses Investment, Patience and Diligence in Developing Mineral and Exploration Sector

With temperatures hovering around -20°C coupled with high winds and snow, the Nunavut Mining Symposium Society kicked off its annual two-day confe... More
April 16, 2014

Ontario Approves Mattagami Region Source Protection Plan

Ontario approved the Mattagami Region Source Protection Plan under the Clean Water Act, 2006 on April 10, 2014.  The Plan will take effect on Oct... More
April 15, 2014

Julie Abouchar Quoted in Article - Aboriginal Interests Gain Ground in Land Use Planning

Julie Abouchar is quoted in an article discussing the delegation of the duty to consult to Ontario Municipalities under the recently-updated... More
April 02, 2014

Ontario’s Proposed Invasive Species Act, 2014

The Minister of Natural Resources introduced Bill 167, Ontario’s proposed Invasive Species Act, 2014 for First Reading on February 26, 2014... More
April 02, 2014

Proposed Amendments to Federal Metal Mining Effluent Regulations

Mining companies and Aboriginal communities should note the upcoming Regulations Amending the Metal Mining Effluent Regulations. The proposed amendmen... More
March 19, 2014

Julie Abouchar Quoted in Article - Watershed Moment - New PPS Policies on Ontario's Natural Environment

Julie Abouchar is quoted in an article discussing new language and policies to protect Ontario's natural environment under the recently-upda... More
March 11, 2014

Ontario’s New Air Standard for Pulp and Paper Operations and Guidelines for Large Wood-Fired Combustors

The Ontario Ministry of Environment has finalized the technology-based air pollution standard for pulp and paper mills (the Standard) and a proposed g... More
March 10, 2014

Fisheries Act Regulations Authorize Deposits of Deleterious Substances into Water Frequented by Fish

Draft regulations released on February 15, 2014 create a policy framework enabling the federal government to make regulations exempting certain activi... More
March 05, 2014

Ontario Court Overturns ERT Decision Revoking Ostrander’s Renewable Energy Wind Farm Approval

On February 20, 2014, the Ontario Divisional Court set aside the Environmental Review Tribunal’s (ERT) revocation of Ostrander Point GP’s ... More
February 24, 2014

Ottawa Acted Unlawfully in Failing To Address Backlog of Overdue Species-at-Risk Recovery Strategies

The Federal Court declared in a decision released February 14, 2014 that two federal departments acted unlawfully in failing to meet statutory de... More
February 21, 2014

Key Environmental Bills Stuck in the Legislative Pipeline in Ontario

The Ontario Government is hoping for quick action on four important proposed environmental bills currently stalled on the order paper.  Given the... More
February 20, 2014

Disclosure of Oil and Gas & Aboriginal Payments Uncertain, Despite Release of Recommendations on Mandatory Disclosure of Payments from Canadian Mining Companies to Governments

Companies and Aboriginal communities negotiating resource agreements should note the Resource Revenue Transparency Working Group’s January 16, 2... More
February 19, 2014

Security for Costs Orders Against Environmental Groups Bolstered by Pointes Decision

Courts are increasingly willing to order security for costs against environmental groups that challenge land developments through judicial review.&nbs... More
February 13, 2014

Federal Budget 2014 Largely Quiet on Major Energy, Environment and Aboriginal Initiatives

From our perspective, the federal budget released February 11, 2014 was largely silent about major energy, environmental or Aboriginal announcements.&... More
February 12, 2014

MOE Encourages Industry, Municipalities and Conservation Authorities To Implement New Voluntary “Excess Soil” Guidelines

The Ontario Ministry of the Environment (MOE) has released new voluntary guidelines for the handling, transport and temporary storage of “excess... More
February 11, 2014

Federal Pest Management Regulatory Agency Announces Review of Active Ingredients in Registered Pest Control Products

The federal Pest Management Regulatory Agency (PMRA) will reevaluate 23 active ingredients currently found in some 360 pest control products registere... More
February 04, 2014

First Nations and Environmental Groups Apply To Reopen Northern Gateway Project Environmental Joint Review Panel

First Nations and environmental groups are asking the courts to quash the report by the Joint Review Panel (Panel) for Enbridge’s Northern Gatew... More
January 17, 2014

Noront Submits Environmental Assessment for Eagles Nest Project – What’s Next for Aboriginal Communities, Resource Proponents and Government in the Ring of Fire?

Noront Resources Ltd. submitted its draft Environmental Impact Statement/Environmental Assessment Report for its Eagles Nest Project in Northern Ontar... More
January 06, 2014

Vapour Intrusion: What You Can't See, Smell, Hear, Taste or Feel Can Hurt You!

When it comes to contaminated property and its impacts to the environment, there is more than meets the eye. More
December 13, 2013

Environment Minister Releases CEAA 2012 Decision Statement on Jackpine Mine Expansion

The Federal Environment Minister issued a Decision Statement – the first made under the new Canadian Environmental Assessment Act, 2012 (CEAA 20... More
December 09, 2013

MOE Freezes Waste Diversion Fees for Off-road Tires

In response to widespread complaints by manufacturers, dealers and consumers, Ontario has frozen the so-called “eco-fees” that are used to... More
December 09, 2013

Ecojustice Files Suit to Close Loophole in B.C. Water Act

Ecojustice filed a lawsuit with the B.C. Supreme Court on November 13, 2013 on behalf of Sierra Club B.C. and the Wilderness Committee.  The... More
December 09, 2013

Ottawa Finalizes EA Regulations and Shortens List of Activities Subject to Federal Assessment

Ottawa has finalized the list of physical activities subject to the revamped Canadian Environmental Assessment Act, 2012.  As anticipated, the fe... More
December 09, 2013

Ontario Updates Noise Guideline to Harmonize Approvals and Land Use Planning Decisions

After more than three years, the Ministry of Environment (MOE) has finally released its Environmental Noise Guideline, Stationary and Transportation S... More
December 09, 2013

Ontario’s New Long-Term Energy Plan Emphasizes Conservation, Demand Management and Renewables

Ontario has released its 2013 Long-Term Energy Plan, Achieving Balance, which focuses on conservation, demand management and renewables to meet the pr... More
December 09, 2013

Special Fracking Update

NEB needs more data to assess fracking in NWT and Nunavut The National Energy Board (NEB) wants detailed information from energy companies in order to... More
December 02, 2013

Feds Imposing New Environmental Enforcement Act Fines Against Dry Cleaners

Environment Canada wasted no time in using its new regulatory powers under the Environmental Enforcement Act.  Dry cleaners across Canada were sh... More
November 29, 2013

Vapour Intrusion Can Hurt Your Bottom Line!

Vapour intrusion, though invisible to the eye and inaudible to the ear, gives those who are aware of it, a reason to pause. It's movement, via pr... More
November 15, 2013

ERT ’s Bornish Wind Farm Decision Requires Sufficient Evidence of Serious and Irreversible Harm

To prove that a wind energy project will cause serious and irreversible environmental harm, you will need an expert and a scientifically solid case. I... More
November 13, 2013

Fault’s Got Nothing To Do With It! – Northstar Settlement Underscores Troubling Times for Directors and Officers Liability Exposures

Northstar Aerospace (Canada) Inc.’s former directors and officers denied liability for contamination at the site of the defunct company, yet rem... More
October 01, 2013

Who You Gonna Call? Dry Cleaners Facing Civil Claims

The ‘For Sale’ signs on the shopping plaza went up a month ago and your landlord has already received a solid offer. You’ve been the... More
August 27, 2013

City of Kawartha Lakes Loses Fight Over “Unfair” Oil Spill Clean-up Order

Environmental Science & Engineering Magazine - Published Summer 2013 The Ontario Court of Appeal has ruled that the necessities of spill cont... More
August 20, 2013

Joint Review Panel Releases Report & Decision on Oil Sands Jackpine Mine Expansion

The Joint Review Panel for the Jackpine Mine Expansion issued its lengthy report and decision on July 9, 2013. It addresses Shell Canada Energy’s appl... More
July 16, 2013

Julie Abouchar Quoted in Article – Drinking Water Dispute

Julie Abouchar quoted in article by Kerry Freek – Drinking Water Dispute, Water Canada, May/June 2013. More
May 13, 2013

No-fault Orders Dumping Clean-up Costs on Innocent Parties

Two recent court cases illustrate how the so-called “no-fault” provisions in Ontario’s environmental laws can saddle innocent parties, both corporate ... More
April 09, 2013

Consultant Liability and Common Pitfalls

Consultant liability is a hot topic that permeates the environmental consulting world. John Georgakopoulos spoke on the topic at EcoLog Legislation’s ... More
March 26, 2013

John Willms Quoted in Article - Beyond Dig-And-Dump: New Approaches to Soil Remediation

John Willms is quoted in article by Camilla Cornell, Environmental Consultant, January 2013 More
February 05, 2013

When Complying with the Law in Your Own Backyard Is Not Enough: Cross-Border United States and Canada Environmental Litigation

American Bar Association, Tort Trial & Insurance Practice Section, Winter 2013. More
January 21, 2013

Donna Shier Quoted in Article - Drilling Down, Canadian Lawyer Magazine January 2013

Donna Shier is quoted in article by Michael McKiernan, Drilling Down, Canadian Lawyer Magazine January 2013. Willms & Shier Environmental Lawyers LLP... More
January 09, 2013

Experts in Environmental Civil Actions

Environmental litigators find themselves embroiled in a world of disputes where science, engineering and environmental law intersect. These disputes ... More
January 09, 2013

Another Big Budget Bill, More Big Changes

This summer we wrote about changes to Canada’s environmental legal landscape introduced by the first budget bill (Bill C-38), and their significance t... More
November 29, 2012

Jacquelyn Stevens Quoted in Article - Q&A = Success for OFA, Fabricare Canada

Jacquelyn Stevens presented at the Ontario Fabricare Associaton's Annual Convention on September 15, 2012 "What You Need to Know" Reporting Obligation... More
October 15, 2012

When Odour Issues Cause Headaches: Understanding the Legal Implications of a Smelly Operation

Odour complaints can result in a variety of legal or regulatory actions against the owners and operators of a facility. More
September 15, 2012

Implementing Ontario’s New Archaeology Standards

Municipal planners and developers are finding that they not only have to address how a proposed project could affect theenvironment, but also its pot... More
June 01, 2012

Gutting the Fisheries Act and Other Federal Environmental Legislation

At least at the federal level, it appears that the environmental law landscape in Canada is changing. With the announcement of the federal budget, it ... More
May 31, 2012

Ontario Moves to Limit the Risk of Explosions from Installing Geothermal Systems

On April 20, 2012, a contractor drilling a borehole for a geothermal system outside an Oakville cli