No stay for Order to former officers and directors
The Environmental Review Tribunal has refused to stay a multimillion dollar order to the former officers and directors of a bankrupt company and its parent, pending appeal, whether or not the Ministry of the Environment had jurisdiction to issue the Order.Continue reading the post titled No stay for Order to former officers and directors
Renovation costs for chemical sensitivities now tax deductible?
Congratulations to Ecojustice for its win in negotiating a settlement with Revenue Canada for a victim of Multiple Chemical Sensitivities. People with this condition are adversely affected by chemicals in the environment (especially indoor air) that most people don’t notice.Continue reading the post titled Renovation costs for chemical sensitivities now tax deductible?
Big fine for odour despite earnest efforts by compost company
Universal Resource Recovery Inc. was fined $80,000 for discharging odours from its Welland composting facility.Continue reading the post titled Big fine for odour despite earnest efforts by compost company
Timminco motion: A new twist in insolvency v environment
The insolvent metal processing company, Timminco, is attempting a new twist to “cleanse” creditors of environmental claims through insolvency law. They have applied to the Commercial List for permission to sell their valueless contaminated sites, for virtually nothing, to new sub…Continue reading the post titled Timminco motion: A new twist in insolvency v environment
Antrim: Supreme Court gives compensation for nuisance when highway moved
The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …Continue reading the post titled Antrim: Supreme Court gives compensation for nuisance when highway moved
Buyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.Continue reading the post titled Buyer can’t expect compensation for pre-existing contamination
Anti-wind litigation: is there an end in sight?
After nearly two years of vigorous anti-wind litigation in Ontario, anti-wind activists have failed to satisfy any court or tribunal that wind energy development in accordance with government standards will cause serious harm. Many wind projects have been approved, and wind-based electrical …Continue reading the post titled Anti-wind litigation: is there an end in sight?
Off shore wind law suit not dead yet
Trillium Wind Power Corporation’s lawsuit against the province may not be over yet. Trillium was one of the companies planning to build an off-shore wind farm in Lake Ontario. They invested heavily, totalling $5.3 million, based on the Green Energy Act, the Feed in Tariff, and direct e…Continue reading the post titled Off shore wind law suit not dead yet
Equivalent wetland dedication is expropriation?
The Quebec Court of Appeal will soon decide an appeal on whether applications to destroy wetlands can be required to dedicate offsetting lands to become protected areas. However, the trial decision has already been overruled by the National Assembly. In Atocas de l’érable inc. c. Québe…Continue reading the post titled Equivalent wetland dedication is expropriation?
Environmental Fines keep going up: $299,000 for construction waste
Two companies and their directors were fined $299,999 (including the 25% victim fine surcharge) after pleading guilty to dumping construction waste on an unlicenced site in Mississauga, and failing to clean it up.Continue reading the post titled Environmental Fines keep going up: $299,000 for construction waste