Is Flyrock really a pollution discharge?
The Ministry of the Environment has prosecuted and convicted an Ontario company for failing to report a “discharge” when fly rock flew out of a construction site and damaged a house. Castonguay Blasting was following all proper precautions when the blast occurred, and immediately…
Continue reading the post titled Is Flyrock really a pollution discharge?Dumping construction waste: $150,000 fine
Willy’s Roll-Off Ltd., 1092066 Ontario Inc., Willis and Susan McKeown and Percy Pyper Ltd. pled guilty in February to impairing water quality, establishing a waste disposal site without approval, and failing to transport waste only to an approved site. They were fined a total of $150,000 plu…
Continue reading the post titled Dumping construction waste: $150,000 fineDrinking water standards getting a little tighter
Health Canada has released its new Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial-Territorial Committee on Drinking Water (CDW).[1] This replaces the existing 1996 edition. Bottom line: the numbers are a little stricter than 15 years ago.
Continue reading the post titled Drinking water standards getting a little tighterLong ago and far away? Oil company liability
Chevron is not the only US oil company facing blockbuster claims for damages from South American indigenous groups, due to past environmental damage apparently sanctioned by their governments. The US Ninth Circuit Court of Appeals has agreed to allow 25 Peruvian plaintiffs to sue Occidental …
Continue reading the post titled Long ago and far away? Oil company liabilityThe Agent Orange story keeps growing
We are closely watching the growing story about Agent Orange use in Ontario, and the possible toll it may be taking on affected workers. Mutagenic pesticides like Agent Orange can take decades to make people sick. And when a 60 or 70 year old gets cancer, it can be fiendishly hard to know wh…
Continue reading the post titled The Agent Orange story keeps growingTax incentives for brownfields
Ontario municipalities have demonstrated their commitment to brownfield redevelopment by investing in a wide variety of incentive programs for contaminated sites that include Community Improvement Plans (CIPs). Now, there is a consolidated source for locating active municipal brownfields fin…
Continue reading the post titled Tax incentives for brownfieldsMacQueen/ Sydney tar ponds class action update
MacQueen v Nova Scotia, the Sydney Tar Ponds class action, is still mired in wrangling over the proper definition of the class. Last fall, the plaintiffs were hopeful that certification was just around the corner, and proposed a revised, narrower class definition for the court’s approv…
Continue reading the post titled MacQueen/ Sydney tar ponds class action updateEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
Continue reading the post titled Environmental moot courtERT to consider environmental penalties?
The Ontario Environmental Review Tribunal has not yet decided any appeals of environmental penalty ordersUnder the Environmental Protection Act, the Ontario Water Resources Act, or any other Ontario environmental statute. Two previous environmental penalties were appealed to the Tribunal, bu…
Continue reading the post titled ERT to consider environmental penalties?Agent Orange in Ontario
The Toronto Star has released a fascinating story about Agent Orange and other herbicides, sprayed on Ontario workers and forests half a century ago. Will it lead to another class action, like the ones revolving around Gagetown, NB? I remember standing in the mist as airplanes roared over, s…
Continue reading the post titled Agent Orange in Ontario