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
Managing fill: when is surplus soil “waste”, and where can it go?
Soil movement is big business in Ontario, involving perhaps 170 million tonnes/ year, and adding about 15% to infrastructure costs. Last year’s changes to the contaminated sites regulation Reg. 153/04 have made soil movement more difficult and expensive than ever, and further cost increases …Continue reading the post titled Managing fill: when is surplus soil “waste”, and where can it go?
Environmental Review Tribunal appeal notices must be complete
The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal: Ball v. Director. Several appeals were also dismissed in Monture v. Ontario, Ministry of the Environment, because the notices of appeal w…Continue reading the post titled Environmental Review Tribunal appeal notices must be complete
Liability insurer need not pay for voluntary delineation and cleanup
According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment …Continue reading the post titled Liability insurer need not pay for voluntary delineation and cleanup
Certificate of analysis ok as evidence despite minor error and delay?
A court accepted a Maxxam certificate of analysis into evidence in an environmental prosecution, despite a minor error in an internal chain of custody, and a two month delay in issuing the certificate. The decision is useful for anyone who takes samples, analyses them or uses the result in court.Continue reading the post titled Certificate of analysis ok as evidence despite minor error and delay?
Science, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…Continue reading the post titled Science, proof and causation: when courts and scientists disagree
Soil remediation: smell test stands up in court
The latest decision in the Horvath saga has upheld the “smell test” in delineating home furnace oil contamination for remediation.Continue reading the post titled Soil remediation: smell test stands up in court
More Regulation for Geothermal Heat Pumps
The Ministry of the Environment moved swiftly this spring to increase regulation of geothermal (ground-sourced) heat pump installations, because of an urgent risk of releasing hazardous underground gases. Ontario revoked the old regulation governing Ground Source Heat Pumps and replaced it w…Continue reading the post titled More Regulation for Geothermal Heat Pumps