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Burgess v. Ontario Minister of Natural Resources and Forestry - points of claim

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Ontario's Ministry of Natural Resources manages the water levels in several lakes whose surfaces would otherwise rise higher and fall lower with snow melt and precipitation. Historically, the area around the lakes has not seen flooding, but, since 2010, three different floods have damaged and destroyed private property there. In September 2016, property owners filed a class action suit seeking C$900 million in damages from the Ministry for the most recent flood events. Class members include "all [legal persons] that owned real property and or had an ownership interest in real property situated on the shoreline of the Muskoka Lakes who suffered damages as a result of high water levels, flooding, and/or floating ice in March or April 2016." The plaintiffs allege that the Ministry had a duty to avert foreseeable flooding, knew that the lakes had reached dangerously high levels early in 2016, yet negligently allowed the lakes to flood, which in turn destroyed adjacent structures. 

In November 2018 the case was discontinued at the lead plaintiff's request.

Burgess v. Ontario Minister of Natural Resources and Forestry

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt freshwater systems to climate change.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves the distribution, treatment, and conservation of water resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Burgess v. Ontario Minister of Natural Resources and Forestry - points of claim

Policy instrument

Risk

Economic sector

Adaptation/resilience

Finance