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Environment committee  I wouldn't agree in the abstract. I think it depends what the thing is. I've had to bring private prosecutions and I can tell you that for a citizen to bring one of those is almost unimaginably difficult.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  It requires that once the plaintiff has put forward prima facie evidence, which means enough evidence on its face, a court could draw an inference on a balance of probabilities that the harm had been caused by that defendant. So essentially, in a tennis game the plaintiff has to

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Yes, and that's one of the reasons that I gave my last recommendation. I actually think--

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Sorry about that. Yes, I am aware of it.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  I think it's a great idea.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  I would agree with that.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  That I have been engaged in?

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Probably the longest one I was engaged in was about the construction of a ski hill in Banff park.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Oh, how long was it? It was probably 1992...probably five years.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Oh my goodness, yes.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Well, the suit over the Exxon Valdez oil spill only got settled, finally, a few years ago. I could date that because I was one of the original litigants. That would have been probably close to 20 years. The Pearson and Inco case in Ontario would have gone on for a good decade.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  That would be in India. Are you more interested in Canada?

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  I couldn't say. I guess it was probably the Oldman dam litigation at the Supreme Court, but that's because pretty much every province and territory and about five industry groups--let's say a dozen, maybe 12 to 15--were involved in it.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  It would depend a lot on the type of case and how high up the appeal level it went.

October 27th, 2010Committee meeting

Prof. Stewart Elgie

Environment committee  Well, going to the Supreme Court is actually relatively inexpensive because there's no evidence that you--

October 27th, 2010Committee meeting

Prof. Stewart Elgie