$500,000 Fisheries Act fine for illegal pesticide use on salmon farm
Kelly Cove Salmon Ltd. pleaded guilty to violating the Fisheries Act. Its illegal use of a pesticide contributed to substantial lobster kills in southwestern New Brunswick. The court ordered Kelly Cove Salmon Ltd. to pay a total of $500,000, one of the largest and most significant penalties …View the post titled $500,000 Fisheries Act fine for illegal pesticide use on salmon farm
Cree in court battle over environmental assessment and waterpower
The Divisional Court is grappling with a complex battle between two possibly overlapping First Nations over whether a Northern Ontario hydropower project is being lawfully evaluated under the Environmental Assessment Act and an agreement with three First Nations: Cree Nation (MoCreebec Counc…View the post titled Cree in court battle over environmental assessment and waterpower
Northstar former directors case continuing before Tribunal
The Ministry of the Environment’s attempt to impose unlimited personal liability on the directors of a parent company, apparently because they were directors when historic contamination was discovered and/or being cleaned up on and near the land of a subsidiary, continues in front of t…View the post titled Northstar former directors case continuing before Tribunal
Will Environmental Tribunal enforce public trust in water?
Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources. Nestle Canada Inc. (“Nestle”) runs Ontario’s largest water bottling operation. They pump groundwater from two different sets of wells …View the post titled Will Environmental Tribunal enforce public trust in water?
Innocent owner Kawartha Lakes loses at Court of Appeal
The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto mun…View the post titled Innocent owner Kawartha Lakes loses at Court of Appeal
Chevron Ecuador case- no enforcement in Canada
The $18 billion award given in Ecuador against Chevron for environmental damage won’t be enforced by seizing Chevron Canada, according to Justice David Brown. The epic legal battle to enforce this, allegedly fraudulent, judgment has now spread around the globe. Plaintiffs brought the o…View the post titled Chevron Ecuador case- no enforcement in Canada
Wainfleet’s anti-wind turbine by-law invalid
In Wainfleet Wind Energy Inc. v. Township of Wainfleet (2013 ONSC 2194), Ontario’s Superior Court of Justice found the Township’s anti-wind by-law invalid for vagueness and uncertainty.View the post titled Wainfleet’s anti-wind turbine by-law invalid
Kawartha Lakes appeal heard by Court of Appeal
The City of Kawartha Lakes has appealed to the Ontario Court of Appeal from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause. The City argues that the MOE should have imposed those cleanup costs on the polluters, meaning eith…View the post titled Kawartha Lakes appeal heard by Court of Appeal
Who has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.View the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decision
Why the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In…View the post titled Why the Supreme Court decision in AbitibiBowater won’t work
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