Jennifer Fairfax
Feb 13, 2024
The number of climate-change related lawsuits is growing, both internationally and in Canada, and that is a trend that is expected to continue in 2024. As more of this kind of litigation comes before the courts, businesses and governments will be forced to respond with policymaking efforts. In an interview with Canadian Lawyer magazine’s Aidan Macnab, Jennifer Fairfax, Chair of Osler’s Environmental Disputes, Investigations and Enforcement group, shared her thoughts on what to expect in the coming year.
She said Canadian climate-change litigation is “in its infancy” with lawsuits being launched to challenge project approvals, environmental impact assessments and the federal government’s jurisdiction to implement climate-change legislation.
As 2024 continues, Jennifer expects the scope of the climate-change litigation to grow and address issues such as environmental disclosures, and corporate decision-making. She also anticipates seeing a continued focus on greenwashing litigation.
Additionally, Jennifer offered some commentary on a recent judgment that she said is “at the forefront” of climate law. She described the case of Mathur v. His Majesty the King in Right of Ontario, 2023 ONSC 2316, as the first Charter challenge of a government’s authority to take climate-change-related action to reach a full hearing on its merits and noted that the judgment found that the applicant’s concerns were justiciable and not under the exclusive domain of the legislature.
The article also referenced the Osler Legal Outlook article, “A tempest of change: impact of climate-related litigation and regulation.”
You can read the full article, “Climate change-related litigation grew in volume and diversity in 2023: Osler's Jennifer Fairfax” on the Canadian Lawyer website.