Garbage Fire Jail Appeal
This Thursday, the three people jailed for Vaughan’s massive 2004 garbage fire will seek bail pending appeal. To put their case in context, here are some of the other jail sentences imposed for environmental offences in Canada, over the last fifteen years:
Continue reading the post titled Garbage Fire Jail AppealProsecution marathons
The City of Hamilton has fought the Ministry of the Environment to a draw. Few defendants can afford a prolonged fight with the Ministry of the Environment. For most, fines are far lower than the cost of being innocent [i.e. a full-scale trial], so sooner or later they plead guilty to someth…
Continue reading the post titled Prosecution marathonsJail for Garbage Fire
In October 2004, choking fumes from a giant garbage fire tormented Vaughan residents and created widespread health concerns. It took millions to put out the fire and clean up the transfer site. This week, those responsible for the garbage mountain were finally sent to jail, and fined a recor…
Continue reading the post titled Jail for Garbage FireMore on the First Environmental Penalty
By digging behind the MOE press release we have discovered: The first environmental penalty was $9,000 for suspended solids escaping in storm water to a creek, contrary to the Ontario Water Resources Act. CGC Inc. had a long -standing problem with suspended solids from its gypsum storage pil…
Continue reading the post titled More on the First Environmental PenaltyFirst Environmental Penalty
Ontario’s Ministry of the Environment has issued its first-ever environmental penalty under its so-called “you-spill, you-pay” legislation. Director Bill Bardswick ordered CGC Inc. of Hagersville to pay the province $9,000, for allowing contaminated runoff from its gypsum processing pl…
Continue reading the post titled First Environmental PenaltyIs it too Late to Sue?
Did they sue on time?
Continue reading the post titled Is it too Late to Sue?Negligent Engineers – is the Public Protected?
Who should the public trust to do environmental site assessments? The Ministry of the Environment (MOE) proposes to sharply cut down the list of “Qualified Persons”, on the assumption that only Professional Engineers and Geoscientists have both qualifications and professional reg…
Continue reading the post titled Negligent Engineers – is the Public Protected?Crown appeals landmark ruling in Berendsen
To no one’s surprise, the Ontario government is appealing their loss in Berendsen v. the Queen. This is the case that ordered the Crown to pay $1.7 million in damages for contaminating a dairy farm, 40 years ago, with waste asphalt from road construction. Road waste is still deposited …
Continue reading the post titled Crown appeals landmark ruling in BerendsenIs it Enough to Meet MOE Standards?
Two Ontario cases in the last year decided that it’s not enough to meet MOE standards. One is Berendsen v. the Queen (see February 1). The other is Dawber v. Director, Ministry of the Environment. In Dawber, Lafarge obtained MOE approval to burn waste tires as fuel in its cement kiln. Lafarg…
Continue reading the post titled Is it Enough to Meet MOE Standards?Is it better to pay taxes on income or on pollution?
For forty years, Canadian environmental law has tried to defeat economics. That is, we have forbidden people and businesses from doing things that save them money, and commanded them to do things that cost money. In the circumstances, it’s amazing that we’ve accomplished so much: air is clea…
Continue reading the post titled Is it better to pay taxes on income or on pollution?