Commercial Litigation

A recent decision reiterates the importance of credible expert evidence in litigation relating to contaminated property. The Plaintiff claimed that well water on her property was contaminated as a result of the application of municipal sewage (biosolids) waste to the neighbouring farmland ow…

On December 20, 2016, the federal government obtained a fine of $975,000 for improper handling of electrical equipment containing polychlorinated biphenyls (PCBs) against a Montreal property management firm. The Montreal firm and seven associated companies pled guilty to a combined 52 charge…

On December 8, 2016 an individual was convicted for transporting asbestos waste, storing asbestos, and failing to comply with the conditions of a Ministry order contrary to the provisions of the Environmental Protection Act (“EPA”). The individual operated a business providing asbestos remov…

Natural Resources Minister Carr has appointed three new panel members to the National Energy Board after three of its former members recused themselves from the Energy East TransCanada project hearings. The Acting Chair of the NEB must now assign duties for the three members, which likely wi…

In an interesting twist, Health Canada just announced its intention to manage the agricultural uses of the pesticide imidacloprid to protect aquatic insects; this pesticide, like other neonicotinoid pesticides, has been under fire for some time for its effects on pollinators, for which we ha…

The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and…

On September 14, 2016, a gas-powered equipment merchant was ordered to pay fines totalling more than $65,000 for violating the Off-Road Small Spark-Ignition Engine Emission Regulations under the Canadian Environmental Protection Act (“CEPA”). The company owner plead guilty to four counts of …

A sole proprietor of a drinking water well company was fined $12,000 plus the twenty-five per cent victim fine surcharge by the Ministry of the Environment and Climate Change. The sole proprietor was convicted for maintaining four separate drinking water wells at two locations in the Peterbo…

Residents of Muskoka launched a $900,000,000 class action against the Ontario Ministry of Natural Resources and Forestry (“MNRF”) on September 14, 2016. They allege damages related to “[MNRF’s] failure to adequately manage and lower the water levels of Lake Joseph, Lake Muskoka and Lake Rous…

On September 19th the Imperial Oil refinery and chemical plant located in the City of Sarnia pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000 in addition to the 25% vic…