Supreme Court of Canada Decision on Environmental Liability will Impact Lenders

Posted by on Feb 20, 2019 in Blog | 0 comments

It was one year ago that we shared what we believed was an important case before the Supreme Court of Canada (SCC).  See Supreme Court of Canada Considers Environmental Liability Case.  We, along with others, suggested that this case had potentially far-reaching consequences. On January 31, 2019, the SCC handed down their much-anticipated decision in Orphan Well Association v. Grant Thornton Ltd. (“The Redwater Decision”).  Redwater refers to Redwater Energy Corporation. ...

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Supreme Court of Canada Considers Environmental Liability Case

Posted by on Mar 16, 2018 in Blog | 0 comments

Several years ago, my colleague and I wrote an article with respect to how the Ontario Ministry of the Environment and Climate Change (MOECC) viewed environmental liability in an incident in Kawartha Lakes.  We were certainly not the only one to express concern about this case.  There is another environmental liability case that is getting plenty of attention. The case, which has been forwarded to the Supreme Court of Canada, is a relatively-small bankruptcy case in...

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The Duty to Consult

Posted by on Aug 3, 2017 in Blog | 0 comments

In Duty to consult with Aboriginal peoples of Ontario, the Provincial Government of Ontario states that, “Ontario, as the Crown, has a legal obligation to consult with Aboriginal peoples where it contemplates decisions or actions that may adversely impact asserted or established Aboriginal or treaty rights. Ontario is committed to meeting its duty to consult with First Nations and Métis communities.” This consultation, according to a July 14, 2017, Ontario Divisional Court...

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Soil and Groundwater Sampling – What Can Go Wrong?

Posted by on Aug 12, 2014 in Blog |

Companies have been founded around the idea of providing consumers with dependable data.  For example, when you want to buy a used car, you can purchase a report that is nothing more than historical data on the car . . . repairs, accidents, etc. Reports such as this are useful only if the data are accurate. In the environmental business, all projects depend on accurate data; in fact, all projects live and die based on the data! Accurate Environmental Data Needed for Sound...

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