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CONTAMINATED PROPERTIES
legislative changes
impacting liability
Potential liabilities associated with contaminated property continue to be
a hot issue for many stakeholders, including landowners, lenders, developers and
municipalities. Although we have seen progress across Canada in terms of
legislative initiatives that assist with these matters, there continue to be
issues that need to be addressed, including with the assistance of government.
Madeleine Donahue reviews some of the proposed changes that Ontario is
considering, which may provide the comfort needed to encourage development and
ensure that liability is not imposed on inappropriate parties.
WAIVER OF TORTS
environmental class actions
Although class actions relating to environmental
matters have had a rocky start, there appear to be indications that class actions
will become part of the environmental landscape. Tamara Farber and Alexandra
White review the doctrine of “waiver of tort,” which may be another tool in a
litigator’s arsenal with which to pursue alleged polluters for damages. Recent
cases suggest that waiver of torts is alive and well in Ontario, and it may just
be a matter of time before the doctrine is used as the foundation for a class
action seeking damages relating to environmental harm.
VEHICLE REGULATION (EMISSIONS)
the U.S. EPA and greenhouse gas emissions
In a close decision, the United
States Supreme Court ruled that the U.S. Environmental Protection Agency (“EPA”)
has the power to regulate greenhouse gas emissions from new motor vehicles. Radha
Curpen and Jason Comerford review the decision and the U.S. EPA’s decision, which
was not supported by the Supreme Court. The Court noted that the U.S. EPA did not
dispute the existence of a causal connection between man-made greenhouse gas
emissions and global warming, and that at a minimum, the EPA’s refusal to
regulate emissions contributes to injuries suffered in Massachusetts
CONSULTATION FRAMEWORK
consultation with First Nations is critical
Stuart Chambers and Sierra Lopetinsky
review the recent Federal Court decision that prevented the continuation of the
regulatory approval process related to the Mackenzie gas pipeline project until
proper consultation is undertaken with the Dene Tha’. As the authors indicate,
this decision again shows the importance of including First Nations in the
process of consulting, as well as in the development of the consultation
framework. | |
Leonard J. Griffiths
Editor-in-Chief
Bennett Jones LLP
Charles J. Birchall
Birchall, Northey
Janet L. Bobechko
Blaney McMurtry LLP
Waldemar Braul
Braul Environmental Law
David I. Crocker
Davis & Company
LLP
Harry J. Dahme
Gowling Lafleur
Henderson LLP
Madeleine Donahue
Macleod Dixon LLP
Tamara Farber
Miller Thomson LLP
Bradley S. Gilmour
Bennett Jones LLP
Paul R. Granda
Gowling Lafleur
Henderson LLP
Patricia Houlihan
Houlihan and Associates
C. W. Daniel Kirby
Osler, Hoskin &
Harcourt LLP
Ronald M. Kruhlak
McLennan Ross LLP
Michelle B. Pockey
Fasken Martineau
DuMoulin LLP
John D. Stefaniuk
Thompson Dorfman
Sweatman LLP
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