EnviroNotes!

Forest landscape by a lake being reflected off the water

May 2015

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Demonstrating Irreparable Harm on an Application to Stay a Cost Recovery Certificate under the Environmental Management Act

Decision Nos. 2014-EMA-007(a) and 2014-EMA-008(a) Executive Flight Centre Fuel Services Ltd. and Danny La Sante v.Director, Environmental Management Act Before: Environmental Appeal Board Decision Date: February 17, 2015 Miller Thomson was successful in arguing before the Environmental Appeal Board (the...

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Expert Testimony in Environmental Claims: Participant vs Litigation Experts

Tamara Farber

The Ontario Court of Appeal has recently discussed the drafting of expert reports and the nature of expert testimony (respectively in Moore v Getahun, 2015 ONCA 55 (CanLII) and Westerhof v Gee, 2015 ONCA 206 (CanLII)).  Neither of these cases...

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Ontario’s GHG Emissions Cap and Trade System: Program Announced with Details to Follow

Aaron Atcheson

In December 2009, the Ontario legislature passed the Environmental Protection Amendment Act (Greenhouse Gas Emissions Trading), 2009, providing the legislative framework needed for a cap and trade system, and regulations were prepared to fill out these requirements.  The Province had...

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