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Published on: 22 Jul 2013 By (Dianne Saxe)

Northstar directors liability to be decided by Environmental Tribunal

The Ontario Superior Court will not take over the hearing of the appeal of the former Northstar directors against their personal cleanup order for TCE contamination in Cambridge Ontario. The former directors applied to the Commercial List of the Superior Court of Justice to change the venue …

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Published on: 17 Jul 2013 By (Dianne Saxe)

Municipality can’t bring Charter challenge to wind approval rules

The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules. Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. In Municipality of North Middlesex v. Direc…

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Published on: 16 Jul 2013 By (Dianne Saxe)

No personal environmental conviction without knowledge or participation

When is an individual liable to conviction for a corporate environmental offence? The Ontario Ministry of the Environment has insisted that management personnel are automatically liable for corporate environmental offences, and has laid numerous charges on this basis. The Summary Conviction …

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Published on: 15 Jul 2013 By (Dianne Saxe)

Northstar/ Baker Order: Government doesn't have to explain its case

The Environmental Review Tribunal has ruled that the Director, Ministry of the Environment, doesn’t have to specify its basis for imposing personal liability, by order, on the former directors and officers of two Northstar companies (Baker v. Director), at least not now. Despite uncont…

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Published on: 12 Jul 2013 By

What Should You Do If You Are Being Investigated?

Previously, Clearing the Air examined the difference between an MOE inspection and an investigation. In her latest entry, Paula Lombardi provides details on what you should do if you find yourself the subject of an investigation. If you are being investigated or inspected, having a clear ope…

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Published on: 11 Jul 2013 By (Dianne Saxe)

Climate change worsening extreme weather everywhere

The world experienced unprecedented high-impact climate extremes during the 2001-2010 decade, which was the warmest since the start of modern measurements in 1850 and continued an extended period of pronounced global warming. More national temperature records were reported broken than in any…

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Published on: 10 Jul 2013 By (Dianne Saxe)

$150,000 fine and jail for illegal non-hazardous waste dumping

Penalties for environmental offences continue to rise. North Shore Express Ltd was fined $150,000 and its owner sentenced to 30 days in jail and two years’ probation for depositing non-hazardous sludge contrary to the terms of its environmental compliance approval. Daniel Andrew Tiessen owns…

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Published on: 9 Jul 2013 By (Dianne Saxe)

No Ostrander wind farm because access road bad for turtles

Bravo to the Environmental Review Tribunal for standing up for endangered species.  On July 3, after a 40-day hearing, the ERT revoked Gilead Power’s renewable energy approval (REA) to develop a wind farm on 324 hectares of Crown land in Prince Edward County’s Ostrander Point. But not becaus…

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