Jennifer Fairfax Jennifer Fairfax

Ontario introduces sweeping changes to environmental legislation

On July 21, 2020, the COVID-19 Economic Recovery Act, 2020 (Bill 197), which simplifies regulatory processes across various industries, received...

Ontario introduces significant amendments to the Pesticides Act and the Pesticides Regulation

The Ontario government has passed significant amendments to the Pesticides Act and the Pesticides Regulation

Ontario Court of Appeal upholds constitutionality of federal carbon pricing regime

On June 28, 2019, the Ontario Court of Appeal issued a majority decision that the Greenhouse Gas Pollution Pricing Act was constitutional. The...

Ontario Courts continue to clarify the scope and power of section 99 of the Environmental Protection Act

In Huang v Fraser Hillary’s Limited, 2017 ONSC 1500, the Ontario Superior Court of Justice confirmed that plaintiffs can rely on section 99 of the...

B.C. Court highlights challenges of certifying environmental class actions based in nuisance

The B.C. Court of Appeal in Baker v. Rendle, 2017 BCCA 72, dismissed an appeal from a lower court decision denying class certification of a private...

Known unknowns: Ontario Court of Appeal provides guidance on discoverability in potentially contaminated lands cases

The Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction that provides guidance...

Environmental Review Tribunal exercises discretionary remedial power in Ostrander wind farm case

It is the first case to provide insight into how the Tribunal will exercise its discretionary remedial powers where a REA is found to meet the...

Ninety-nine problems (continued): Supreme Court of Canada denies leave to appeal Ontario Court of Appeal’s decision in Midwest Properties Ltd. v. Thordarson

On May 26, 2016, the Supreme Court of Canada denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v....