For environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…Continue reading the post titled For environmental liability, who is an "officer"?
Regulators of fracking negligent? Alberta case cut down
Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property …Continue reading the post titled Regulators of fracking negligent? Alberta case cut down
Another environmental conviction for Ministry of Transportation
In an unusual turn of events, Ontario’s Ministry of Transportation has had two Fisheries Act convictions this fall: one for road construction and design, the other for road maintenance.Continue reading the post titled Another environmental conviction for Ministry of Transportation
Cascades/ Superior paper mill cleanup: final settlement?
Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment.Continue reading the post titled Cascades/ Superior paper mill cleanup: final settlement?
Baker (Northstar Directors') liability appeal has settled
Ten corporate officers and directors have paid $4.75 million to be released from the Northstar Canada cleanup order, even though the Ministry of the Environment admits that none of them were at fault for causing the contamination. Some were not even on the Northstar Canada board. The Enviro…Continue reading the post titled Baker (Northstar Directors') liability appeal has settled
Supreme Court upholds Castonguay: "When in doubt, report"
The Supreme Court of Canada has rejected Castonguay’s appeal of its conviction for failing to report, to the Ontario Ministry of the Environment, a fly rock incident during road construction. They were fined $25,000 plus the 25% victim fine surcharge. This decision greatly expands the…Continue reading the post titled Supreme Court upholds Castonguay: "When in doubt, report"
MOE Director admits that the Northstar directors were not polluters
Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause, will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…Continue reading the post titled MOE Director admits that the Northstar directors were not polluters
Imposing liability on the innocent bad news for economy
Current Ministry of the Environment efforts to impose environmental cleanup liability on the innocent are bad news for the Ontario economy, according to an Expert Report by noted economist Sherry Cooper. They are also harmful to the social contract and the rule of law, according to Dianne…Continue reading the post titled Imposing liability on the innocent bad news for economy
Ministry of Transport pays $250,000 for Fisheries Act charges
Ontario’s Ministry of Transportation has plead guilty to two charges under the old federal Fisheries Act, and has agreed to pay a $250,000 penalty. The charges were laid by Fisheries and Oceans Canada (DFO), and relate to sediment released from a Highway 11 construction project near B…Continue reading the post titled Ministry of Transport pays $250,000 for Fisheries Act charges
Sage Grouse to be protected by Emergency Protection Order, later
Following a recent loss in the Federal Court of Appeal, Minister of the Environment Leona Aglukkaq announced earlier this week that the federal government will (later) introduce an Emergency Protection Order for the Greater Sage-Grouse, or at least for those of this rapidly declining species…Continue reading the post titled Sage Grouse to be protected by Emergency Protection Order, later