Waste Diversion Woes
Municipalities are often squeezed between the imperative of waste diversion, and the immense practical and legal obstacles that can plague it. Last week, waste diversion pioneer, the City of Guelph, was fined $40,000, plus a 25% Victim Fine Surcharge. Charges against the waste manager, perso…View the post titled Waste Diversion Woes
Final Report: IPCC 4
The Science Now that the Intergovernmental Panel on Climate Change has formally released its Fourth Assessment Report, the pressure is on governments everywhere to actually do something. This report synthesizes the three component reports released earlier in the year, in which world governme…View the post titled Final Report: IPCC 4
Toxic Soil in Vanier?
Homeowners in part of Vanier, Ontario (now part of the City of Ottawa), want the City to investigate and help remediate the contamination of their properties: lead, arsenic, mercury. The homes were built in the 1940’s, on the site of an old landfill. Is the City legally liable? Or is t…View the post titled Toxic Soil in Vanier?
Giving the MOE False Information?
An environmental consultant and his firm have been heavily penalized for the serious offence of giving false information to the Ministry of the Environment. The consultant, Ron Carter, was hired to sample the notorious Bakelite site for PCBs. While some of his samples did detect PCBs, he tol…View the post titled Giving the MOE False Information?
Does the covenant to leave the property “in a clean and neat condition” at the end of a long term lease require the tenant to clean up all its contamination? Or only the contamination that has occurred since the last renewal of the lease? And does the tenant have to pay rent unti…View the post titled Tenant's Contamination
Lead, Children and Crime
This summer’s flurry of concern about lead in Ontario drinking water gets extra power from a growing body of research linking preschool blood lead and subsequent crime rates. Rick Nevin, for example, has tracked blood lead levels and violent crime over several decades in the USA, Brita…View the post titled Lead, Children and Crime
Premier McGuinty has promised “a busy and activist legislative session” starting with a Speech from the Throne on November 29, 2007. In light of his election promises, we look forward to learning more about: • His “tough new toxic reduction law”;• How his government p…View the post titled Activist Agenda?
An abusive MOE prosecution has been thrown out of court, with costs. Roger Arcand was charged with providing the MOE with false information concerning a municipal water system. The City pled guilty, but Arcand insisted on his innocence and repeatedly demanded particulars and disclosure of th…View the post titled Abusive Prosecution
What is Nuisance Worth?
A recent Ontario case is a discouraging reminder of how little is the compensation available for even deliberate and serious nuisance, and how rarely it pays for homeowners to sue. In Ivall v. Aguiar, the plaintiffs bought a small rural house as their “dream home”. Unfortunately,…View the post titled What is Nuisance Worth?
New Minister of the Environment
The new Ontario Minister of Environment is John Gerretsen, MPP Kingston and The Islands. This is an encouraging appointment for anyone interested in brownfields development, as Mr. Gerretsen has been Minister of Municipal Affairs and Housing for the last several years. During this time, the …View the post titled New Minister of the Environment
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