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Published on: 4 Sep 2012 By

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 …

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Published on: 29 Aug 2012 By

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…

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Published on: 21 Aug 2012 By

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 …

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Published on: 20 Aug 2012 By

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.

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Published on: 16 Aug 2012 By

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…

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