Comments on: Hard Cases, Maybe Good Law http://www.slaw.ca/2009/12/02/hard-cases-maybe-good-law/ A Canadian cooperative weblog on all things legal. Thu, 05 Aug 2010 13:58:19 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: David Cheifetz http://www.slaw.ca/2009/12/02/hard-cases-maybe-good-law/comment-page-1/#comment-729392 David Cheifetz Fri, 19 Mar 2010 19:53:46 +0000 http://www.slaw.ca/?p=14736#comment-729392 The trial decision is here http://canlii.org/en/on/onsc/doc/2008/2008canlii1416/2008canlii1416.html "TinyURL" here: http://tinyurl.com/ylpzzh7 The trial decision is here

http://canlii.org/en/on/onsc/doc/2008/2008canlii1416/2008canlii1416.html

“TinyURL” here: http://tinyurl.com/ylpzzh7

]]> By: Paul Nathanail http://www.slaw.ca/2009/12/02/hard-cases-maybe-good-law/comment-page-1/#comment-729368 Paul Nathanail Fri, 19 Mar 2010 11:32:24 +0000 http://www.slaw.ca/?p=14736#comment-729368 This is a very interesting case - one thing surprises me though - what were the pollutants? The constituents of asphalt and concrete are not especially soluble so for there to have been pollution to the extent needed to harm the cows something out of the normal must have been going on. Is there any suggestion of spillage of say diesel which might have acted as an organic solvent of the hydrocarbons in the asphalt? A link to the technical evidence would be much appreciated. This is a very interesting case – one thing surprises me though – what were the pollutants? The constituents of asphalt and concrete are not especially soluble so for there to have been pollution to the extent needed to harm the cows something out of the normal must have been going on.

Is there any suggestion of spillage of say diesel which might have acted as an organic solvent of the hydrocarbons in the asphalt?

A link to the technical evidence would be much appreciated.

]]> By: John Gregory http://www.slaw.ca/2009/12/02/hard-cases-maybe-good-law/comment-page-1/#comment-708945 John Gregory Wed, 02 Dec 2009 23:17:39 +0000 http://www.slaw.ca/?p=14736#comment-708945 Simon, I think the Court of Appeal refused to project today's standards to the 1960s, reversing the trial decision. I would be interested in what exceptions to the Limitations Act you consider, but feel free to contact me offline. Simon, I think the Court of Appeal refused to project today’s standards to the 1960s, reversing the trial decision.

I would be interested in what exceptions to the Limitations Act you consider, but feel free to contact me offline.

]]> By: David Cheifetz http://www.slaw.ca/2009/12/02/hard-cases-maybe-good-law/comment-page-1/#comment-708944 David Cheifetz Wed, 02 Dec 2009 23:11:49 +0000 http://www.slaw.ca/?p=14736#comment-708944 Remembering the past doesn't entail paying for it. People more significant than me are reported to said that we pay for our sins for a number of generations. What they didn't say was how. My ReCaptcha words are "up" and "odysseus". The system has a sense of humour. Could it have been referring to the siren call of money? Remembering the past doesn’t entail paying for it. People more significant than me are reported to said that we pay for our sins for a number of generations. What they didn’t say was how.

My ReCaptcha words are “up” and “odysseus”. The system has a sense of humour. Could it have been referring to the siren call of money?

]]> By: Simon Chester http://www.slaw.ca/2009/12/02/hard-cases-maybe-good-law/comment-page-1/#comment-708938 Simon Chester Wed, 02 Dec 2009 20:56:38 +0000 http://www.slaw.ca/?p=14736#comment-708938 This is another example of courts (and society generally) projecting back today's models, laws and concerns into an earlier time. One wonders what the Ontario MTC (with perfect hindsight) was supposed to have done in the 1960s - anticipate the growth of environmental testing and the imposition of stricter forms of environmental liability. And beyond this - think about <em>D<a href="http://csc.lexum.umontreal.ca/en/1997/1997scr3-1010/1997scr3-1010.html" rel="nofollow">elgamuukw</a></em>, and the <a href="http://www.canlii.org/en/bc/bcca/doc/2008/2008bcca81/2008bcca81.html" rel="nofollow">Kemano Completion Project</a>, and the spate of historical apologies. And the unprincipled exceptions within <em>Limitations Act </em>reforms. L.P. Hartley: "The past is a foreign country: they do things differently there" This is another example of courts (and society generally) projecting back today’s models, laws and concerns into an earlier time.

One wonders what the Ontario MTC (with perfect hindsight) was supposed to have done in the 1960s – anticipate the growth of environmental testing and the imposition of stricter forms of environmental liability.

And beyond this – think about Delgamuukw, and the Kemano Completion Project, and the spate of historical apologies. And the unprincipled exceptions within Limitations Act reforms.

L.P. Hartley: “The past is a foreign country: they do things differently there”

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