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Published on: 6 Nov 2012 By

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…

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Published on: 29 Oct 2012 By

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…

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Published on: 17 Oct 2012 By

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…

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Published on: 11 Oct 2012 By

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 …

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Published on: 26 Sep 2012 By

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…

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Published on: 24 Sep 2012 By

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…

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Published on: 17 Sep 2012 By

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 …

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