Directors and officers to be liable for contamination on escheated land?
What happens to contaminated sites when their corporate owner goes bust? Most of them end up escheating to the province, which is increasingly concerned about costs of managing them. Now, Ontario’s Ministry of Infrastructure is seeking comments on a proposed new management framework for forf…Continue reading the post titled Directors and officers to be liable for contamination on escheated land?
An introduction to the law of noise pollution
Dianne gave a well received introduction to the law of noise pollution at the Ontario Bar Association’s Halloween breakfast. Topics included what is noise, who regulates it, how the Environmental Protection Act applies, enforcement under the EPA, bylaws and the OMB, and civil suits fo…Continue reading the post titled An introduction to the law of noise pollution
New Canadian environmental assessments exclude stakeholders and issues
The new standing rules in the Canadian Environmental Assessment Act, 2012, have now been interpreted the first two times, with contradictory results. The Prosperity Mine panel, in BC, has wisely interpreted the new standing rules broadly, including experts, Non-Governmental Organizations, Fi…Continue reading the post titled New Canadian environmental assessments exclude stakeholders and issues
Activists sue nuclear plant for water pollution
Cape Cod Baywatch and Pilgrim Watch residents have given notice of their intent to sue Entergy for water pollution and fish kills caused by its Massachusetts nuclear plant.Continue reading the post titled Activists sue nuclear plant for water pollution
Environmental regulation: Municipalities v province, province v. federal government
What happens when municipal bylaws try to control energy or resource projects authorized by the federal or provincial governments? (They have some scope). How far will the Spraytech precedent take them? Can corporations use federal insolvency laws to cleanse themselves of irksome environment…Continue reading the post titled Environmental regulation: Municipalities v province, province v. federal government
Enviro West v Copper Mountain, everyone is liable
A long running lawsuit over liability for PCB wastes may finally be over. In Enviro West Inc v. Copper Mountain Mining Corp. a waste hauler, Enviro West, unknowingly picked up waste oil highly contaminated with PCBs and mixed it with uncontaminated oil, resulting in substantial damages. At …Continue reading the post titled Enviro West v Copper Mountain, everyone is liable
Kivalina loses its climate change nuisance case again
The City and Village of Kivalina, population about 400, sits on the tip of a six-mile barrier reef on the northwest coast of Alaska. The residents depend on the sea ice that forms along the coast to shield them from violent storms. Sea ice has consistently declined in recent years – i…Continue reading the post titled Kivalina loses its climate change nuisance case again
Inco awarded $1,766,000 in costs for contamination class action
Justice J. R. Henderson of the Ontario Superior Court has awarded Inco $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action in Port Colborne, Ontario. This is less than a quarter of Inco’s actual legal costs, which exceeded $5,340,000 after certi…Continue reading the post titled Inco awarded $1,766,000 in costs for contamination class action
Do the innocent get compensation after MOE orders?
Cleaning up your neighbour’s mess: Recovery of spill clean-up costs by the innocent party. It is clear that any civilized system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or …Continue reading the post titled Do the innocent get compensation after MOE orders?
Contaminated site lawsuit: How not to win
Owners of a contaminated site are often too optimistic about their “rights” to compensation. Sometimes, chasing compensation for contamination just throws good money after bad. For example, Terrim Properties Ltd. wanted to build a gaming centre in Castlegar, B.C. Their loan fell…Continue reading the post titled Contaminated site lawsuit: How not to win