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…
Continue reading the post titled Northstar/ Baker Order: Government doesn't have to explain its caseWhat 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 oper…
Continue reading the post titled What Should You Do If You Are Being Investigated?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…
Continue reading the post titled Climate change worsening extreme weather everywhereNo 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…
Continue reading the post titled No Ostrander wind farm because access road bad for turtlesAgent Orange report confirms: some Ontario workers were poisoned
The Ontario government has released a report concluding that some pesticide applicators in Ontario were exposed to dangerous levels of Agent Orange between 1948 and 1979— the same chemical used to defoliate the jungle during the Vietnam War. Although most Agent Orange was used by municipali…
Continue reading the post titled Agent Orange report confirms: some Ontario workers were poisonedWhen Is a Layoff Not a Layoff?
Q. When Is a Layoff Not a Layoff? A. When it’s a termination. A recent decision of the Ontario Superior Court has given some employers confidence that they will always be allowed to lay off employees provided they follow the requirements of the Employment Standards Act, 2000 (“the ESA”). …
Continue reading the post titled When Is a Layoff Not a Layoff?Manitoba to join most other provinces with cosmetic pesticide ban
The American Academy of Pediatrics strongly recommends that "Children’s exposures to pesticides should be limited as much as possible.
Continue reading the post titled Manitoba to join most other provinces with cosmetic pesticide banWest Virginia gets serious about liability barriers to brownfield revitalization
The Voluntary Land Stewardship Program is the critical innovation. It gives developers of rehabilitated contaminated sites certainty, by taking on their long term liability risk for a fixed fee.
Continue reading the post titled West Virginia gets serious about liability barriers to brownfield revitalizationNo appeal from Environmental Review Tribunal refusal of stay pending appeal
She ruled that the Legislature intended orderees to have no remedy if the Tribunal turns down their request for a stay pending appeal, regardless of the financial consequences and of the potential invalidity of the Order.
Continue reading the post titled No appeal from Environmental Review Tribunal refusal of stay pending appealWho pays when polluters can’t?
Who pays when polluters can’t? In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public…
Continue reading the post titled Who pays when polluters can’t?