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Articles by Paula Boutis
Piping Plover habitat loss leads to first judicial interpretation of ‘damage’ - The Lawyer's Daily
Piping Plover habitat loss leads to first judicial interpretation of ‘damage’ Thursday, September 22, 2022 @ 10:47 AM | By Paula Boutis Fifteen years after coming into force, we have the first judicial interpretation of “damage” to habitat under the Endangered Species Act. While nothing particularly surprising came out of that interpretation, the...
Affordable Housing And Condos: ‘Single-Family Rule' Requires A Rethink
As opportunities to secure an affordable home in the Greater Toronto Area ("GTA") become increasingly sparse, the explosive construction of condominium ("condo") units across the city appears to offer some relief to our rampant housing crisis.1 However, those seeking to call condos their homes - whether by purchasing a unit as an owner or leasing as a tenant - currently face a potentially discriminatory hurdle that is explicitly prohibited by municipal zoning law: the "single-family rule."...
What an endangered bird can teach us about expert evidence
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Expert Evidence: Tips And Traps For Counsel And Employee Experts
Courts and scholars have long grappled with the issue of expert evidence reliability and, in particular, the injustice which can arise when an expert exhibits bias. In Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town) ("South Bruce Peninsula"), the Ontario Court of Appeal ("ONCA") recently engaged these issues at length in the context of experts who are employed by their client.
At The Speed Of Lightning, Bill 109: More Homes For Everyone Act, 2022, Receives Royal Assent
Introduced on March 30, 2022, Ontario's More Homes for Everyone Act, 2022 ("Bill 109") received Royal Assent on April 14, 2022. Some provisions are immediately in force, while others will wait for a later proclamation or come into force as of July 1, 2022, or January 1, 2023. Bill 109 is a "first-step" response to the Ontario Housing Affordability Task Force Report's 55 recommendations released on February 8, 2022.
No charges for Mount Polley dam breach, yet
In December, 2015, the province of British Columbia announced it would not lay Mines Act charges against Imperial Metals Corporation for a catastrophic dam breach at its Mount Polley mine. On August 4, 2014, 8 million cubic meters of mining tailings and materials, along with 17 million cubic meters of water, were released into nearby lakes and water resources from the mine in that breach.
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