The long awaited Judgment of the Superior Court of Justice in the case of Smith v. Inco, 2010 ONSC 3790, was released on July 6, 2010. Briefly, the Plaintiffs, owners of properties in the Port Colborne area sued for diminution in value, as a result of the contamination of their lands with nickel from the adjacent Inco smelter. The Court relied on many of the principals for both the founding of damages and the calculation thereof, as set out in Michael Hebert’s January 3, 2002 decision in Tridan v. Shell, underscoring once again the significance of this case in Ontario Environmental Law.
Archive for the ‘Enviromental Law issues’ Category
Class Action Suit Follows Tridan v. Shell
Thursday, July 22nd, 2010 by Michael HebertAnti-SLAPP Legislation Contemplated
Thursday, July 22nd, 2010 by Michael HebertThe Government of Ontario is contemplating the enactment of legislation dealing with Strategic Lawsuits Against Public Participation (SLAPP), and in that regard it has appointed a Committee which will shortly be receiving submissions from interested parties regarding this litigation. It is expected that this legislation, which is enacted in 28 U.S. States, as well as the Province of Quebec, will facilitate active involvement in environmental issues and prevent the silencing of critics by use of SLAPP lawsuits.
The New Rules for Contaminated Sites Remediation
Wednesday, June 23rd, 2010 by Cheryl Gerhardt McLuckieThere have been recent changes to the regulations governing the clean up of environmentally impaired sites in Ontario which will have significant impact on the redevelopment of impacted sites. Anyone considering the purchase and / or redevelopment of an impacted site (a Brownfield) should become familiar with these changes to fully understand their impact on site clean-up, design, construction and costing. Read the rest of this entry »
City of Ottawa Reinstates Brownfields Policy
Wednesday, June 9th, 2010 by Michael HebertAfter a 5 ½ month hiatus the City of Ottawa’s Brownfields Redevelopment Program is back in business, effective May 13, 2010. The only significant change from the previous Brownfields Policy, relates to a reduction in infrastructure costs. Henceforth, no coverage will be afforded for offsite infrastructure and onsite infrastructure will be restricted to 50% of the cost. Read the rest of this entry »
