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ARTICLE · 06 APRIL 2018

First Of Its Kind – Ontario NDP Tables Civil Liability For Climate Change Bill

Osler, Hoskin & Harcourt LLP
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On March 26, 2018, Ontario NDP MPP Peter Tabuns introduced Bill 21: "an Act respecting civil liability for climate-related harms," which seeks to: (i) impose civil liability on companies ...

CanadaEnvironment
Maureen Killoran
Maureen Killoran
Matthew Huys
Matthew Huys
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On March 26, 2018, Ontario NDP MPP Peter Tabuns introduced Bill 21: "an Act respecting civil liability for climate-related harms," which seeks to:  (i) impose civil liability on companies engaged in fossil fuel production; and (ii) "enhance legal tools" to ensure that such companies "contribute their fair share to paying for the harms to which their products contribute and for the necessary steps to prevent future harms." Bill 21 passed first reading on March 26. No date for the second reading of the bill has been set.

Tobacco Legislation/American Lawsuits

Bill 21, drafted with the assistance of Greenpeace, is modelled after Ontario's Tobacco Damages and Health Care Costs Recovery Act, 2009. If passed, it will significantly reduce barriers to recovery in civil suits against fossil fuel producers for "climate-related harms." As justification for the bill, its promoters allege that companies engaged in fossil fuel production were aware of the connection between their

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