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November 07, 2019

A Volatile Environment for Consumer Products?

On July 6, 2019, the federal government published proposed regulations establishing concentration limits for volatile organic compounds (“VOCs&r... More
October 31, 2019

Cannabis Solid Waste – a problem that’s growing like a weed

As we pass the one-year anniversary of Canada’s legalization of recreational cannabis (happy Cannaversary!), the demand for cannabis in Canada c... More
October 17, 2019

Deadline to Nominate Substances to the Revised In Commerce List is Fast Approaching

Anyone wishing to nominate a substance to the Revised In Commerce List (“R-ICL”) must do so before November 3, 2019. On November 3, 2... More
September 18, 2019

Ontario Court of Appeal finds that worsening GHG emissions tip the scales in favour of section 91 POGG powers

On August 28, 2019, the Government of Ontario filed its appeal of the June 28, 2019 Ontario Court of Appeal decision in the constitutional reference a... More
August 28, 2019

New Changes to Canada's Environmental Emergency Regulations

The new Environmental Emergency Regulations, 2019 (“New Regulations”), enacted under the Canadian Environmental Protection Act, 1999, came... More
July 31, 2019

Plastics in the Spotlight Part 2

Since we wrote about "Plastics in the Spotlight", there have been further developments in Canada.  The Philippines shipment has been returned to ... More
June 05, 2019

The Government of Canada is Seeking Input for a New Indigenous Knowledge Policy

Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequ... More
May 28, 2019

Bill C-69 – Status Update and Opportunity for Input on Development of Regulations

Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequ... More
May 16, 2019

Plastics in the Spotlight

Plastic marine litter has received a media spotlight in recent years.  There is an estimated 150 million tonnes of plastic present in oceans, a f... More
May 13, 2019

Hazmat Management Magazine - Supreme Court of Canada Denies Leave to Appeal in the Latest Dry Cleaner Contamination Case

Check out Marc McAree's article titled: Supreme Court of Canada Denies Leave to Appeal in the Latest Dry Cleaner Contamination Case which has been rep... More
May 07, 2019

Ecuadorians’ Efforts to Enforce Their Foreign Judgment in Canada against Chevron Corporation Is Brought to an End by Canada’s Highest Court

On April 4, 2019, the Supreme Court of Canada denied the Ecuadorian plaintiffs leave to appeal from an Ontario Court of Appeal decision.  By deny... More
April 23, 2019

Supreme Court of Canada Denies Leave to Appeal in the Latest Dry Cleaner Contamination Case

On April 11, 2019, the Supreme Court of Canada denied the dry cleaner’s application for leave to appeal from the Ontario Court of Appeal’s... More
April 05, 2019

Big fish, small fish; big fine, small fine – Recent penalties under Canada’s Fisheries Act

Environmental offences are typically punishable by fine; however fines can vary, even under a single statute. Canada’s Fisheries Act prevents an... More
March 29, 2019

Case Law Update: Alberta Court of Appeal Confirms that a Plaintiff May Lose the Right to Sue for Historic Contamination Because of the Passage of Time and Procedural Requirements

On February 6, 2019, the Alberta Court of Appeal upheld the proclamation of the Alberta Court of Queen’s Bench in Brookfield Residential (Albert... More
March 28, 2019

Ontario Court Gets Environmental Assessment for Rail Hub Back on Track

The Superior Court suspended Halton Region’s application for a declaration that provincial and municipal laws of general application applied to ... More
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
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