Court Confirms Purchasers of Contaminated Sites Face Liability for Failing to Address Historic Contamination
The Environmental Law team at Mann Lawyers enjoyed success in the recently released decision of Sorbam Investments Ltd. v. Litwack et al., 2021 ONSC 5226. The decision is of significant importance to the field of environmental law.  This case clearly establishes liability against a property owner who was not the polluter and further, did not […]
The Limited Exception to Notice under the Environmental Bill of Rights
On June 3, 2021, the Divisional Court released its decision in Eastern Georgian Bay Protective Society Inc. v. Minister of the Environment, Conservation and Parks, 2021 ONSC 4038, commenting on the importance of the Environmental Bill of Rights, 1993 (EBR) and the process of meaningful public consultation respecting governmental actions that may be significant for […]
Highway 413 – The Road to Nowhere
In a surprising move, on May 3, 2021 the federal government announced that it will be taking steps to conduct its own environmental assessment of a proposed Ontario provincial highway project which is already undergoing assessment under the provincial regime. The Greater Toronto West Transportation Corridor project, known as Highway 413, has been a controversial […]
Regulatory Steps in Ontario Lead to Legal Contest For Conservation Interests
Recent regulatory actions by the Ontario provincial government are raising significant legal issues for conservation interests. On December 8, 2020, Royal Assent was given to Bill 229, an omnibus bill which included significant amendments to the Conservation Authorities Act. These amendments made changes to both the make-up and the role of a conservation authority, and […]
For the Scottish at Heart
A little levity for the New Year (and not at all relevant to environmental law): regulated symbols of our province. While you may be aware that the Province of Ontario has a provincial tree (the Eastern White Pine designated under the Arboreal Emblem Act, R.S.O. 1990, c. A.25), a provincial bird (the common loon (Gavia […]
The Experience of a Virtual Trial
Further to my earlier blog post in anticipation of the environmental team at Mann Lawyers first virtual trial, I can now report that the trial has been completed and although it ran much more smoothly than I would have envisioned, some of my concerns were quite valid. A significant issue experienced by all participants at […]
Virtual Trials – The Future is Upon Us
The Mann Lawyers environmental law team is embarking on its first virtual trial this week. It will be interesting to see how a trial by Zoom will work, and what unanticipated challenges may arise as the trial proceeds.   One challenge which is anticipated is the handling of documentary evidence. Most environmental cases involve a number […]
Proposed Blue Box Changes are Announced
The Provincial government has announced a major overhaul to the province’s blue box recycling program. The changes, which the government estimates will save municipalities $135 million per year, would see responsibility for recycling shift from municipalities to the producers of the materials to be recycled. The proposed regulation, under the Resource Recovery and Circular Economy […]
Proposed Project List for Comprehensive Environmental Assessments
In an earlier blog we discussed the amendments to the Environmental Assessment Act which were enacted by the provincial government without public consultation as a result of the cessation of the consultation normally required under the Environmental Bill of Rights due to the state of emergency. Those changes contemplated the creation of a list of […]
