Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where Are We Now?
The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time. There was speculation at the time of the decision’s rel…
Continue reading the post titled Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where Are We Now?Obstruction Charge Results in 45 Days in Jail
On August 14, 2017, an individual operating an automotive and scrap metal business at a property situated along Haldimand Highway in Canfield was sentenced to 45 days in jail for obstructing Ministry of the Environment and Climate Change Provincial Officers (“Ministry Officers”) in the perfo…
Continue reading the post titled Obstruction Charge Results in 45 Days in JailGoing to Court in Ontario: Selecting the Proper Jurisdiction to Commence Your Claim
Summary This article provides a comparative review of the two venues to commence your legal action in Ontario. Overview If you have suffered a wrong (i.e. breach of contract) you may commence a legal proceeding in an Ontario court. You may do so in Small Claims Court (“SCC”) or in the Superi…
Continue reading the post titled Going to Court in Ontario: Selecting the Proper Jurisdiction to Commence Your ClaimNAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation
Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement (“NAFTA”) in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed. Chapter 11 protects …
Continue reading the post titled NAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation$2.5 million in fines issued in relation to large diesel spill
In the latest of a string of federal environmental prosecutions leading to significant fines against corporate offenders, Canadian National Railway Company (“CN”) has been fined $2.5 million after pleading guilty to committing a number of infractions under the Fisheries Act and under the Can…
Continue reading the post titled $2.5 million in fines issued in relation to large diesel spillCompany issued $3,500,000 in fines under the Fisheries Act
Earlier this month, an Alberta-based mining company, Prairie Mines & Royalty ULC, pleaded guilty to two counts under the Fisheries Act. The charges related to a dike failure that occurred in October 2013. The dike was used to contain a large volume of waste water containing coal, clay, …
Continue reading the post titled Company issued $3,500,000 in fines under the Fisheries Act$600,000 Fine for Sediment Discharge
On May 15, 2017, 228057 Ontario Inc. (formerly Naylor Renewable Energy Inc.) pled guilty to three offences and was fined $600,000 plus the 25 per cent victim fine surcharge for discharging sediment-laden stormwater causing the impairment water quality, failing to notify the Ministry of the E…
Continue reading the post titled $600,000 Fine for Sediment DischargeDes Moines Water Works sues County for Agricultural Runoff
The Storm Lake Times, a small family-run Iowa newspaper, won a 2017 Pulitzer Price award for its coverage of issues associated with farm pollution from local agricultural companies and the failure of the County to control the agricultural runoff in the area. The Storm Lake Times covered how …
Continue reading the post titled Des Moines Water Works sues County for Agricultural Runoff$120,000 Fine for Ontario Water Resources Act Violations
Aecon Construction and Materials Limited (“Aecon”) is in the business of constructing complex highway infrastructure, airfields projects, residential and commercial developments, landfills, and bridges in addition to other large infrastructure projects. On February 8, 2017 Aecon pled guilty…
Continue reading the post titled $120,000 Fine for Ontario Water Resources Act Violations$975,000 Fine for PCB Violations
On December 20, 2016, Tidan Inc. and seven of its associated companies (“Tidan Group”) pled guilty to 52 charges under the Canadian Environmental Protection Act (“CEPA”) relating to the improper management of PCB-containing electrical equipment and were fined $975,000. As part of its convict…
Continue reading the post titled $975,000 Fine for PCB Violations