Significant Reported Decisions

Vista Sudbury Hotel Inc. (Rainbow Value Centre) v. The Oshawa Group Limited, 2018 ONCA 1075 (CanLII)
Court of Appeal for Ontario

Freshway Investments Inc. v Ontario (Environment, Conservation and Parks), 2018 CanLII 107735 (ON ERT)
Environmental Review Tribunal

Gaffney v Ontario (Environment and Climate Change), 2018 CanLII 47777 (ON ERT)
Environmental Review Tribunal

Maasland v. Toronto (City), 2016 ONCA 551 (CanLII)
Court of Appeal for Ontario

Maasland v City of Toronto, 2015 ONSC 7598 (CanLII)
Superior Court of Justice

Gaffney v. Ontario (Environment and Climate Change), 2015 CanLII 15555 (ON ERT)

Jane Conte Professional Corporation v. Josephine Smith, 2014 ONSC 6009 (CanLII) Divisional Court

Couper v. Nu-Life Corp., 2013 ONSC 257 (CanLII)
Superior Court of Justice

Vassilios Apostolopoulos v. Law Society of Upper Canada, 2012 ONLSHP 133 (CanLII)

Tahmourpour v. Royal Canadian Mounted Police, 2008 CHRT 10 (CanLII) - 2008-04-16
Canadian Human Rights Tribunal

Tahmourpour v. Canada (Solicitor General), 2005 FCA 113 (CanLII) � 2005-04-06
Federal Court of Appeal

Iroquois Falls Power Corp. v. Jacobs Canada Inc., 2008 CanLII 56010 (ON S.C.) � 2008-10-30

Kenilworth Publishing Inc. v. S.A.C. Sign Association of Canada, 2006 CanLII 6205 (ON S.C.)
Superior Court of Justice

Breslin v. Breslin, 2006 CanLII 50893 (ON S.C.D.C.)
Divisional Court

Capital Vision Inc. v. Canada (Minister of National Revenue), 2002 FCT 1317 (CanLII)
Federal Court of Canada

Chitel v. Bank of Montreal, 2002 CanLII 49645 (ON S.C.)
Superior Court of Justice

Royal Bank v. Gentra Canada Investments Inc., 2000 CanLII 22796 (ON S.C.)
Superior Court of Justice

Green v. Kaufman, 1996 CanLII 297 (ON CA) � 1996-11-15
Superior Court of Justice (unreported)

Ottawa-Carleton (Regional Municipality) v. Consumers' Gas Co. (Ont. H.C.J.), 1989 CanLII 4289 Superior Court of Justice

Canada (Prime Minister) v. Penikett, 1987 CanLII 145 (YK CA) � 1987-12-23 Yukon Territory Court of Appeal

Barry Weintraub Publications, Speeches and Media Commentary

�Avoiding Environmental Liabilities,� Canadian Association of Surface Finishers Annual Conference, November 13, 2019.

�Avoiding Communication Breakdown with Your Client,� Canadian Bar Association Skilled Lawyer Series � Essential Skills for Litigators, National Webinar, April 9, 2019.

�Limitation Periods,� Paper and Panelist at International Congress of Shopping Centres Canadian Law Conference session �A Day Late and a Dollar Short � Limitation Periods,� March 27, 2019.

�Update on Yaiguaje v. Chevron Corp.� presentation in �Hot Topics� session at Annual Meeting of Justice Canada and Canadian Bar Association Environment, Energy & Resources Law, Ottawa, November 3, 2017.

�Common Values, Friendship and Co-operation,� Keynote Address to 25^th Annual Fall Conference of the American Bar Association Section of Environment, Energy and Resources, Baltimore, Maryland, October 20, 2017

�Conductive Effective Discovery Examinations,� in OBA Civil Litigation Section seminar �Effective Discovery,� September 12, 2017.

�Officer, Director, Lender and Parent Company Liability,� panelist at American Bar Association Section of Environment, Energy and Resources �Environmental Summit of the Americas,� Los Angeles, California March 31, 2017.

�Avoiding Communication Breakdown with Your Client,� Canadian Bar Association Skilled Lawyer Series � Essential Skills for Litigators, March 9, 2017.

�Ten Mistakes to Avoid at Trial,� at OBA Young Lawyers� Division seminar �Your First Civil Trial,� March 3, 2017.

�Tort Liability for Public Authorities,� Paper (co-written with Ben Lerer) and presentation at International Municipal Lawyers� Association Annual Convention, San Diego, California September 30, 2016.

�The Importance of Legal Research � and the Lack Thereof,� Law Society of Ontario �Legal Research for Law Clerks,� September 27, 2016.

�Limitation Periods,� Roundtable Presentation, International Congress of Shopping Centres Canadian Law Conference, April 22, 2016.

�Litigation Minefields,� Program Chair, OBA Annual Institute February 2, 2016.

�Litigation Issues in Real Estate Practice,� programme chair and panelist at joint programme of the OBA Real Estate and Civil Litigation sections, January 12, 2016.

�Assessing Credibility of Experts after Moore v. Getahun: More Focus on the Subject Matter, Less Focus on the Expert,� (co-written with Abbey Sinclair), at OBA Civil Litigation seminar �Working with Experts: Practical Skills,� March 12, 2015.

�Environment in the Courtroom: Evidentiary Issues in Environmental Prosecutions and Hearings�, Moderator at Symposium of the Canadian Institute of Resources Law and the Canadian Bar Association National Environment, Energy and Resources Law Section, University of Calgary March 7, 2015.

�Damages in Environmental Claims: Regulatory, Technical and Evidentiary Considerations,� OBA Annual Institute, February 4, 2015.

�Top Ten Environmental Law Developments in Ontario 2013-2014,� CBA NEERLS �Regional Hot Topics,� Ottawa, May 29, 2014.

�The Benefits of Environmental Due Diligence� and �Liability of Those in Control,� CANECT Annual Environmental Conference and Trade Show, April 29, 2014.

�Limitation Periods,� Roundtable Presentation, International Congress of Shopping Centres Canadian Law Conference, March 28, 2014.

�If land at issue, legal time frame lengthens,� quoted in The Lawyers� Weekly, March 7, 2014.

�Baker v. Director, MOE: Pouncing on Convenient Victims,� OBA Institute, February 6, 2014 and Lexology, March 2014.

�OBA Recommendations Adopted in New Anti-SLAPP Legislation,� quoted in Just Causes as Chair of OBA Working Group, August 2013.

�Be a Litigation Star,� quoted in Canadian Lawyer Magazine article April 2013 https://www.canadianlawyermag.com/news/general/be-a-litigation-star/268948

�Limitation Periods,� Roundtable Presentation, International Congress of Shopping Centres Canadian Law Conference, February 22, 2013.

�Effective Examinations: Things They Never Told Us�, Ontario Bar Association Civil Litigation Section, Program Chair and Speaker, Annual Institute, February 7, 2013.

�What is Environmental Due Diligence?�, Envirogate Environmental Due Diligence Conference, Program Chair and Speaker, December 4, 2012.

�Winning Discovery�, in Ontario Bar Association Civil Litigation Fundamentals Sunrise Series, November 14, 2012. http://www.oba.org/en/pdf/CIV_SunriseSeries_Nov14.pdf

�Roles, Responsibilities and Challenges of an Environmental Law Lawyer�, at Canadian Bar Association National Environment, Energy and Resources Law Section / Department of Justice 24^th Annual Meeting, October 19, 2012. http://www.cba.org/cba/cle/pdf/DOJ2012Agenda.pdf

�Environmental Causes of Action� and �A Return to First Principles: Breathing New Life into the Tort of Trespass in Environmental Cases� (with Garett Schromm), in �Anatomy of an Environmental Civil Action, Part I,� Ontario Bar Association May 30, 2012.

�Ontario Court of Appeal Narrows Environmental Torts in Inco Class Action�, Environews, December 2011 and Ontario Bar Association Civil Litigation Section Newsletter, January 2012.

�Environmental Class Actions Involving Contaminated Land: The Aftermath of the Ontario Court of Appeal Decision in the Inco Class Action�, Canadian Bar Association National Teleconference, Program Chair and Speaker, November 29, 2011.

�What is Environmental Due Diligence?�, Envirogate Environmental Due Diligence Conference, Program Chair and Speaker, November 15, 2011.

�Implications of Inco Class Action Decision�, Air & Waste Management Association, November 3, 2011.

�Practical Considerations in Environmental Enforcement�, Law Society of Upper Canada Six Minute Environmental Lawyer, October 17, 2011.

�Lawyers Playing Key Roles in Human Rights Probes�, Quoted in Law Times article, September 12, 2011.

�The Costs and Benefits of Environmental Enforcement�, in Berger, Stanley, ed., Key Developments in Environmental Law, 2011, Canada Law Book, August 2011.

�OCA Clarifies Scope of Pollution Liability Exclusion Clause�, Quoted in Advocate Daily article, July 2011.

�The State of Water and Wastewater Law in Ontario�, �Water Law in Ontario� and Environmental Enforcement and Compliance in Ontario�, Program Chair and Speaker, CANECT Conference May 16, 2011.

�Can I still sue? How far back can I go? Limitation issues�,
Roundtable Panelist, International Congress of Shopping Centres, Canadian Law Conference, February 25, 2011.

�Legal Requirements and Practical Considerations in Groundwater Investigation and Remediation�, in It Must Be Something in the Water: Groundwater Issues -
How to Test for them and Address Them, Ontario Bar Association Environmental Law Section, Program Speaker, December 2, 2010.

�UN Water Resolution Highlights Canada�s Poor Record: Aboriginals�, Quoted in Law Times, September 20, 2010

�Leading Cows to Water and Making Them Drink: Supreme Court of Canada to Tackle Historical Contamination in Berendsen v. Ontario�, in Berger, Stanley, ed., Key Developments in Environmental Law, 2010, Canada Law Book, August 2010

Fundamentals of Environmental Law Practice, Program Co-Chair, Ontario Bar Association Young Lawyer�s Division / Environmental Law Section Mentoring Dinner, May 31, 2010

�Message from the Chair: Final Report on Environmental Law Section Activities�, Environews, May 2010

�Litigating Insured Environmental Claims,� in 3rd Environmental Deal-Breakers in Real Estate Transactions, Federated Press Webinar April 21, 2010

�Pros and Cons of Environmental Insurance: A Basic Understanding of Coverage Necessary to Provide �High-Level Advice�, Quoted in Law Times article, March 29, 2010.

�Tribunal Decision Challenges Regulators�, Quoted in Law Times article, March 29, 2010.

�Message from the Chair: Trivial Pursuits � Rethinking Environmental Enforcement�, Environews, March 2010

Lifecycle of a Spill � From the Hot Call to Putting the Genie Back in the Bottle
� and Everything in Between, Program Co-chair, OBA Annual Institute, Toronto, February 16, 2010

�Message From the Chair: Overview of Environmental Law Section Activity�, Environews, December 2009.

�Message From the Chair: Going Forward to the Past with Local Environmental Initiatives�, Environews, October 2009.

Between a Rock and a Hard Place: Is there a Conflict between a Lawyer�s Duty of Confidentiality and an Engineer�s Duty to Warn?, Program Chair, Joint Program of Ontario Bar Association Environmental Law Section and Professional Engineers Ontario, Toronto, June 22, 2009

�Ontario tightening land remediation rules -- Province considering feedback on proposed amendments� Quoted in Law Times, June 15, 2009.

Message from the Chair
EnviroNews, June 2009, Ontario Bar Association

�Negotiating the Fine Print: Environmental Issues in the Purchase and Sale of a Business,� in Dirty Deals - Addressing Environmental Issues in the Purchase and Sale Transaction, Ontario Bar Association Environmental Law Section Program, London, Ontario, April 29, 2009

�Unique Issues in Environmental Litigation�, in Putting the Puzzle Together: An Exploration of Emerging and Critical Issues in Environmental Civil Litigation, Continuing Legal Education programme of the Ontario Bar Association, April 6, 2009

�Message from the Chair: Protecting the Environment in Recessionary Times,�
EnviroNews, April 2009, Ontario Bar Association

�First step taken to regulate nanomaterials,� quoted in Law Times article, March 30, 2009.

Emerging Trends and Challenges in Environmental Law, Program Co-chair, OBA Annual Institute, Toronto, February 2, 2009

�Message from the Chair: Rethinking the Environmental Law Framework�,
EnviroNews, January 2009, Ontario Bar Association

�Message from the Chair: New Interest and Opportunity in Environmental Law,�
EnviroNews, November 2008, Ontario Bar Association

3rd Annual Ministry of the Environment Update, 2008: Recent and Upcoming Changes to Ontario's Environmental Laws, Program Co-Chair, CLE Program of the Ontario Bar Association, Toronto, November 20, 2008

Advanced Roundtable in Environmental Law 2008, Panelist, Law Society of Upper Canada CLE Program, October 28, 2008

-- Force challenges order giving Ali Tahmourpour another chance to join, $500,000 in damages�, Toronto Star article, May 17, 2008

�Mounties challenge $500,000 award in discrimination ruling�, quoted in CBCNews.ca article, May 16, 2008 https://www.cbc.ca/news/canada/saskatchewan/mounties-challenge-500-000-award-in-discrimination-ruling-1.724940

�RCMP faces $1M payout on discrimination case�, quoted in CBCNews.ca article, April 17, 2008 https://www.cbc.ca/news/canada/saskatchewan/rcmp-faces-1m-payout-on-discrimination-case-1.733877

�RCMP must reinstate cadet -- Human Rights tribunal rules Ali Tahmourpour was harassed and singled out for his Muslim beliefs; orders back pay that could total as much as $650,000�, quoted in Toronto Star article, April 17, 2008 TheStar.com | Canada | RCMP must reinstate cadet

�Reinstated for Cadet Training�, Interview on CBC Radio Metro Morning by Jane Hawtin, April 17, 2008

�Racial taunts cost Mounties $500000�, The Globe and Mail article, page 1, April 17, 2008

�Man gets his Mounties -- Muslim to become an RCMP recruit again after 9-year battle -- and collect $650Gs�, Toronto Sun article, page 1, April 17, 2008 http://www.racisminopp.org/docs/michael_hrto/APPLICANT%20DISCLOSURE%20(13-JAN-12)%20ORIGINAL/Exhibit%2092%20-%20Toronto%20Sun%20article%20about%20CHRT%20decision.pdf

�Ex-RCMP cadet wins discrimination case � Gets second shot at dream of becoming Mountie�, Canadian Press article published in major newspapers across Canada, April 17, 2008.

�Mounties ordered to readmit cadet,� quoted in Toronto Star article, April 16, 2008 https://www.thestar.com/news/canada/2008/04/16/mounties_ordered_to_readmit_cadet.html

Better Legislation Needed to Revitalize Urban Brownfields; Also published as �Canada Lags Behind U.S. on Brownfields Legislation� in The Lawyers� Weekly, February 22, 2008 (reprinted with permission on Globe-Net February 2008)

�Review of Significant Environmental Litigation in 2007: Continuing Trend To Restrict Damages and Liability in Civil Cases?� OBA Annual Institute, Toronto, February 2008

�Preparing Documents for Trial�, Law Society of Upper Canada 7th Annual Civil Litigation for Law Clerks CLE program, Toronto, November 2007

Environmental Law Practice Tips and Tools Round Table Dinner, Panelist, Ontario Bar Association Young Lawyers� Division, Toronto, November 2007

Brownfields: Proposed New Cleanup Standards, Program Chair, Ontario Bar Association Environmental Law Section, Toronto, October 2007

�2006-2007 Year in Review: Ontario Environment and Energy Conservation Initiatives�, Annual National Environmental, Energy and Resources Law Summit of Canadian Bar Association National Environment, Energy and Resources Law Section, Montreal, April 2007

�The Application of Limitation Periods to Environmental Issues�, Ontario Bar Association Annual Institute, Toronto, February 2007

�The Top Ten Reasons to Go Green � Tips from a Legal Professional�, Canadian Business Franchise Magazine, January-February 2007

�Material Preparation for Mediation and Trial�, Insight Information Civil Litigation Law Clerk Series Conference, Toronto, March 2006

�Ontario�s New Brownfield Rules,� Ontario Bar Association Annual Institute, Toronto, January 2006 (co-author with Joanna Fine)

�Expanded Environmental Duties for Directors and Officers in Ontario�, UNISF�RA International Centre Conference Entreprise et Environnement: Enjeux, Strat�gie et Gestion, Montreal, November 2005

�Modifications Needed to Crown Disclosure Conditions in Environmental Prosecutions,� EnviroNews, Ontario Bar Association Environmental Law Section newsletter, November 2005

�Absolute Liability in the Imposition of Environmental Penalties: Radical Change in Approach or Complementary Enforcement Tool?� in Environmental Liability and Bill 133: What You Need to Know, Ontario Bar Association Continuing Legal Education seminar, Toronto, September 2005

�Legal Issues: Return to Work Programs,� PetBiz Magazine, September 2005

�Accessibility Legislation and the Canadian Retail Experience,� PetBiz Magazine, May 2005

�Environmental Due Diligence: The Dangers that Lurk Beneath,� Law Society of Upper Canada Continuing Legal Education seminar, Corporate Due Diligence, Toronto, March 2002

�Environment in the Courts,� Speaker, Canadian Bar Association � Ontario and American Bar Association Section of Natural Resources, Energy and Environmental Law joint conference Doing Business in Canada and the United States: Environmental Law Considerations, Toronto, April 1997

Green Dispute Resolution � Environmental ADR: A Two Part Concepts and Skills Program, Program Chair, Canadian Bar Association (Ontario) Environmental Law Section, Toronto, September 1996.