Not every spill is an offence
The Ontario Court of Justice has acquitted a company that spilled caustic soda on a road, on the grounds that the spill did not cause an adverse effect.Continue reading the post titled Not every spill is an offence
Courts get tougher on partisan experts
The court refused to accept him as an expert. There was no doubt that he had genuine accounting expertise, but he lacked the critical element of impartiality.Continue reading the post titled Courts get tougher on partisan experts
Municipalities recovering spill costs
In 2005, the Environmental Protection Act was amended to allow municipalities a new mechanism to recover the costs of cleaning up spills. s.100.1 allows municipalities to cleanup spills caused by private parties, and to issue orders to recover the costs. This has also allowed the MOE to down…Continue reading the post titled Municipalities recovering spill costs
Approval process a "vortex of misery"
Debly sued the Ministry of the Environment for $2,322,907.91, for regulatory negligence, negligent investigation, and misrepresentation.
Anyone who has languished in "Approvals hell" may feel a glimmer of sympathy for the Debly family.
Conservation easement upheld
Gottsegen bought waterfront property, subject to a conservation easement to protect a 3 m wooded area at the water's edge. The easement had a built-in penalty for breach, of $100 per day. Gottsegen cut many of the trees and built a retaining wall; the neighbourhood Association sued.Continue reading the post titled Conservation easement upheld
Federal court orders mining disclosure
Two environmental groups have won a great victory over Environment Canada and the mining industry, which must immediately begin collecting and reporting information on pollutants in mine tailings and waste rock.Continue reading the post titled Federal court orders mining disclosure
Preparing to be an expert witness
Experts need formal training on how to interact with the justice system.Continue reading the post titled Preparing to be an expert witness
Québec activist wins pollution battle against City
Environmentalist Guy Drouin has won a long and lonely battle against sewage pollution by the City of Sainte-Agathe-des-Monts.Continue reading the post titled Québec activist wins pollution battle against City
More trouble with environmental experts
In 1996, there was a devastating flood in part of the City of Ottawa. A number of residents sued the City, alleging that its storm water drainage system was inadequate. The City retained Robert Bishop of MMM as its expert witness. Bishop reported that the drainage system in the area met all…Continue reading the post titled More trouble with environmental experts