Canadian "recyclables" really waste, rot in Philippines
For two years, 50 shipping containers of Canadian garbage have been expensively rotting in the Philippines, at the expense of Filipinos. The containers were shipped as recyclable plastic scrap in 2013, but reportedly contained a mixture of plastics with other household wastes, including adu…Continue reading the post titled Canadian "recyclables" really waste, rot in Philippines
Directors of real estate agent liable for contaminated site?
How far can no-fault liability for contaminated sites go? The Ontario Ministry of Environment and Climate Change has issued a cleanup order to (among others) the accountant who held a power of attorney to sell a contaminated site for an overseas client, and the directors of a real estate com…Continue reading the post titled Directors of real estate agent liable for contaminated site?
Ontario finally adopting carbon cap and trade
Today, Premier Wynne announced that Ontario is finally going ahead to implement a cap and trade system for carbon emissions, in cooperation with Quebec and perhaps California. Ontario originally promised to join Quebec, California and others in the Western Climate Initiative in 2008, but has…Continue reading the post titled Ontario finally adopting carbon cap and trade
Expert Evidence at the Environmental Review Tribunal
Dianne Saxe spoke last week at the Ontario Bar Association seminar on Using Environmental Experts Effectively at the Ontario Environmental Review Tribunal. Here is a copy of her presentation: Experts at Environmental Review Tribunal. In theory, expert evidence at the Tribunal is governed by …Continue reading the post titled Expert Evidence at the Environmental Review Tribunal
Why so many environmental sample results are misleading
A knowledgeable reader writes: “Dear Diane, …Reading through the various “Environmental Law and Litigation” articles excellently written by your staff, I’m increasingly frustrated by the universal failure throughout the industry to recognize a very serious flaw …Continue reading the post titled Why so many environmental sample results are misleading
Wind appeals starting to settle?
Now that the Divisional Court has upheld Ontario’s renewable energy approval process, and the decisions of the Environmental Review Tribunal on concerns about adverse health effects, wind appeals are starting to settle. The Tribunal has heard appeal after appeal against renewable energ…Continue reading the post titled Wind appeals starting to settle?
Federal Govt stands down wastewater pollution regulations
The federal government has reached an equivalency agreement with Quebec over wastewater pollution regulations intended to protect fish. Under the federal Fisheries Act, the federal government can agree NOT to apply its regulations in a province, if it agrees that provincial regulations in th…Continue reading the post titled Federal Govt stands down wastewater pollution regulations
Hear a podcast with Dianne Saxe
Thanks to Husein Panju for hosting a podcast interview with Dianne on his new site, LawyerEd. Topics include: climate change, polluted lands, and environmental personal liability.Continue reading the post titled Hear a podcast with Dianne Saxe
Kawartha oil spill cost recovery litigation drags on
City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,6…Continue reading the post titled Kawartha oil spill cost recovery litigation drags on
Another court refuses to impose minimum environmental fines
I’m glad to see the courts making more use of s. 59(2) to offset the unreasonable harshness that the minimum environmental fine regime can create.Continue reading the post titled Another court refuses to impose minimum environmental fines