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 …
Continue reading the post titled Tiny amount of hazardous material can make a whole waste load “hazardous”Forest Ethics brings first legal challenge to new pipeline participation rules
Can people who live near the Enbridge pipeline 9 effectively oppose the project?
Continue reading the post titled Forest Ethics brings first legal challenge to new pipeline participation rulesDrive Clean fines: $52,500 plus surcharge
The Ontario Ministry of the Environment obtained fines of $52,500 plus the 25% Victim Fine Surcharge against a Markham Drive Clean Facility, its owner and drive clean inspector and four of its customers for submitting false information about Drive Clean tests. Kwok-Man (Bill) Hon was the bus…
Continue reading the post titled Drive Clean fines: $52,500 plus surchargeNorthstar directors liability to be decided by Environmental Tribunal
The Ontario Superior Court will not take over the hearing of the appeal of the former Northstar directors against their personal cleanup order for TCE contamination in Cambridge Ontario. The former directors applied to the Commercial List of the Superior Court of Justice to change the venue …
Continue reading the post titled Northstar directors liability to be decided by Environmental TribunalNorthstar/ 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 caseNo 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 turtlesNo 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?
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 or the immediate victims of po…
Continue reading the post titled Who pays when polluters can’t?More on that rare tree victory
Mature trees add beauty and character to any neighbourhood, while providing shade in the summer, wildlife habitat and cleaner air. As climate change makes our summers more sweltering, trees are becoming more important than ever. Considering how important trees are to our physical and mental …
Continue reading the post titled More on that rare tree victoryBill 83: Anti SLAPP law at last
Ontario is finally introducing an anti SLAPP law later today, the Public Participation Act, 2013. We worked hard to reach this result, through the Ontario Bar Association, and in cooperation with other stakeholders. Lets hope it is acceptable to the NDP and will be passed with their support.
Continue reading the post titled Bill 83: Anti SLAPP law at last