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  • Article

    Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval

    On January 4th, 2019, the Ontario Environmental Review Tribunal ("Tribunal" or "ERT") issued another decision in the long list of dismissed appeals of wind turbine approvals ...
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    US Court Of Appeals Affirms Application Of Winters Doctrine Of Aboriginal Reserved Water Rights To Groundwater

    Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896, United States Court of Appeals for the Ninth Circuit (Tallman, Christen and Kennelly JJ.), 7 March 2017.
    CanadaGovernment, Public Sector
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    B.C.'s Forever Litigation: First Tobacco, Then Opioids, Now 'Forever Chemicals'

    On June 21, 2024, the B.C. government filed a proposed national class action in the Supreme Court of British Columbia against manufacturers of perfluoroalkyl and polyfluoroalkyl substances (PFAS)...
    GlobalEnergy and Natural Resources
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Changes To Federal Impact Assessments, Energy Regulator And Waterway Regulation (Bills C-68 And C-69)

    On February 6 and 8, 2018, the Canadian government introduced Bills C-68 and C-69, respectively, which introduce several major changes to Canada's federal regime for the assessment of federally regulated projects and regulation of waterways.
    CanadaEnergy and Natural Resources
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Cottage Islanders' Association Denied Proprietary Estoppel Claim For Control Over Municipal Docks (Grape Island Property Owners Association Inc. v. Corporation Of The City Of Orillia)

    The dispute in Grape Island Property Owners Association Inc. v. Corporation of the City of Orillia, 2025 ONSC 1480 involved a property owners association of cottagers and full-time residents...
    CanadaEnergy and Natural Resources
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbour Liable For Over $505,000 In Damages Caused By Water Nuisance (Warren V. Gluppe)

    Neighbours owe each other a duty of care not to cause damage to the other's property. One of the major sources of potential damage is water flooding from sump pump run off
    CanadaEnergy and Natural Resources
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Ontario Court Of Appeal Provides Succinct Overview Of Regulation Of Sewage Works

    On January 31, 2019, the Ontario Court of Appeal released its decision in Belwood Lake Cottagers Association Inc. v. Ontario (Environment and Climate Change), 2019 ONCA 70.
    CanadaEnergy and Natural Resources
    Siskinds LLP
    Siskinds LLP
  • Article

    Anti-Fluoride In Drinking Water: Litigation Update

    Will citizen group litigation and the threat of personal liability stop fluoridation of drinking water in Ontario?
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    Operating Authorities Would Be Required To Assess The Threat Posed By Climate Change, Algal Blooms And Other Hazards To Municipal Drinking Water Systems

    The expanded assessment and planning requirements, if adopted, could also significantly increase the paper burden and compliance costs of owners and operators.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Seller Not Liable For Water Damage Or Foundation Issues Discovered After Closing

    Litigation between buyers and sellers often concerns whether or not a seller had an obligation to disclose deficiencies with a property that were discovered after closing.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Water Use In BC: BC Tables Long-Awaited Water Sustainability Act

    The BC government introduced a first reading of the Water Sustainability Act, the culmination of a 4-year initiative to modernize the 100-year old Water Act.
    CanadaEnvironment
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    First Phase Of Water Sustainability Act Comes Into Force

    The British Columbia Government has finally brought into effect portions of the long awaited Water Sustainability Act (WSA).
    CanadaEnergy and Natural Resources
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Fisheries Act Amendments Come In Waves

    Royal Assent was recently granted to amendments to the Fisheries Act.
    CanadaEnergy and Natural Resources
    Fasken
    Fasken
  • Article

    Water Sustainability Act ‒ Groundwater Use Licensing In Effect

    Licencees are responsible for the safe operation and maintenance of any works constructed under their licences.
    CanadaEnergy and Natural Resources
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Knock, Knock: Responding To Search Warrants And Inspections In The Environmental Law Context

    Canadian environmental legislation contains significant enforcement powers, including the ability of officials to conduct inspections and/or obtain and execute search warrants.
    CanadaEnvironment
    McMillan LLP
    McMillan LLP
  • Article

    Planning For Drought And Drinking Water In Ontario

    Climate change is worsening flooding but it will also bring faster spring runoffs, hotter summers, more evaporation and droughts.
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    Alberta's Opposition To Reintroducing Bill C-61 Undermines First Nations' Water Rights

    On July 3, 2025, Alberta's Minister of Environment and Protected Areas, Rebecca Schulz, issued a press release urging the federal government to abandon...
    CanadaGovernment, Public Sector
    JFK Law Corporation
    JFK Law Corporation
  • Article

    How The Private Sector Can Boost Indigenous Water Infrastructure

    Drinking water quality on Indigenous reserves stands to improve thanks to recently announced federal funding ...
    CanadaGovernment, Public Sector
    Torys
    Torys
  • Article

    Condominium Breached Duty To Disclose Imminent Special Assessment In Status Certificate

    Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Will Environmental Tribunal Enforce Public Trust In Water?

    Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources.
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP

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