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Published on: 29 Oct 2013 By

Northstar Inc. and the Ministry of the Environment: Are Directors and Officers Responsible for Environmental Remediation?

How much responsibility do Directors and Officers bear for environmental contamination? The answer is not clear from the text of the Environmental Protection Act and currently the Ontario Courts are considering the issue in Baker v Ministry of the Environment. In this blog post, Paula Lombar…

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Published on: 28 Oct 2013 By

Approvals Modernization spreads to Public Lands Act

The trend towards “modernization of approvals” (otherwise known as “permit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act.

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Published on: 23 Oct 2013 By

Good news: updated Ontario noise guideline

After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts.   “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 o…

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Published on: 21 Oct 2013 By

Supreme Court upholds Castonguay: "When in doubt, report"

The Supreme Court of Canada has rejected Castonguay’s appeal of its conviction for failing to report, to the Ontario Ministry of the Environment, a fly rock incident during road construction.  They were fined $25,000 plus the 25% victim fine surcharge. This decision greatly expands the…

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Published on: 17 Oct 2013 By

MOE Director admits that the Northstar directors were not polluters

Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,  will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…

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