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Published on: 29 Oct 2013 By

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…

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Published on: 21 Oct 2013 By

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…

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Published on: 17 Oct 2013 By

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…

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Published on: 15 Oct 2013 By

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…

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Published on: 25 Sep 2013 By

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…

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Published on: 19 Sep 2013 By

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…

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Published on: 29 Aug 2013 By

Tiny amount of hazardous material can make a whole waste load “hazardous”

A recent court decision has dramatically widened Ontario’s rules on what constitutes “hazardous waste”. Now, any hotspot can be enough to make an entire load “hazardous waste”. This is a particular risk for those handling spill cleanup materials and other small …

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