Equivalent wetland dedication is expropriation?
The Quebec Court of Appeal will soon decide an appeal on whether applicants 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.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
Lethal buildings slaughter migratory and threatened birds
It’s a horror story – the beautiful glass-walled building you may work, shop or live in are wastefully killing millions of migratory birds. Many readers are likely familiar with the distressing thud of a bird breaking its neck or wing on those lovely glass panes, often at night when the ligh…Continue reading the post titled Lethal buildings slaughter migratory and threatened birds
Abitibi wins, Newfoundland cleanup order unenforceable after insolvency
Provincial governments must do more to ensure that cleanup costs are provided by financial assurance during the active life of a business, and not rely on getting innocent third parties to pay for cleanups after the fact.Continue reading the post titled Abitibi wins, Newfoundland cleanup order unenforceable after insolvency
When can municipalities regulate environmental impacts?
Eleven years after the landmark Spraytech case, how far have municipalities been able to go in regulating environmental impacts of federally and provincially regulated activities? The people who must live closest to a resource or energy project often turn to their municipalities to protect t…Continue reading the post titled When can municipalities regulate environmental impacts?
Canada must answer: why aren't we protecting polar bears?
As the polar bears of the Beaufort Sea face record low ice, the Secretariat of the Commission for Environmental Cooperation (CEC) has issued a determination, requiring a response from Canada to submission SEM-11-003 (Protection of Polar Bears). A year ago, on 5 December 2011, the US Center f…Continue reading the post titled Canada must answer: why aren't we protecting polar bears?
Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.Continue reading the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
Waste exemption becomes less useful: what is "wholly used"?
The Environmental Review Tribunal has reduced the usefulness of an important exception to the “waste” rules in Regulation 347.Continue reading the post titled Waste exemption becomes less useful: what is "wholly used"?
Town liable for negligence re developer's storm sewer
Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such…Continue reading the post titled Town liable for negligence re developer's storm sewer
When will Ontario courts refuse to impose minimum environmental fines?
Now that mandatory minimum environmental fines are so high, courts occasionally refuse to impose them. For example, in R v. KIE Farms Ltd., a justice of the peace refused to impose a $25,000 minimum fine on a local farm, even though seepage from its corn silo made a local watercourse toxic…Continue reading the post titled When will Ontario courts refuse to impose minimum environmental fines?