Failure to Notify brings $150,000 Fine Despite no Damage to Property
Two companies, Consbec Inc. and Bruman Construction Inc., were fined a collective total of $150,000 for failing to notify the Ministry of the Environment and Climate Change (“MOECC”) of a fly-rock discharge. Bruman owns and operates an aggregate quarry located in North Bay. Consbec was hire…
View the post titled Failure to Notify brings $150,000 Fine Despite no Damage to PropertyMunicipal orders under section 100.1 of the EPA
The seemingly never-ending litigation related to a spill of furnace oil fuel in the City of Kawartha Lakes is inching closer to resolution. In Technical Standards and Safety Authority v Kawartha Lakes, 2016 CanLII 41685 (ON ERT) the Environmental Review Tribunal (the “Tribunal”) tackled the …
View the post titled Municipal orders under section 100.1 of the EPAThe tricky business of limitations and contaminated land claims
In May of 2016, the Superior Court of Justice delivered reasons in Valco Instruments Canada v. Imperial Oil, dismissing in part a defendant’s summary judgment motion related to a contaminated land claim. The court concluded that the limitation period for a negligence claim had expired by the…
View the post titled The tricky business of limitations and contaminated land claims$70,000 in fines for breach of PCB regulations
On July 27, 2016, the Ontario Court of Justice levied $70,000 in fines against a Hamilton company for contravention of the federal PCB regulations and for failing to comply with an Environmental Protection Compliance Order, issued under the Canadian Environmental Protection Act, 1999 (CEPA).…
View the post titled $70,000 in fines for breach of PCB regulationsAcquittals in Two Recent Fisheries Act Prosecutions
We often report on convictions under the Fisheries Act. It is less often that we report on acquittals. In the last several months, two cases related to charges against farmers in PEI under the Fisheries Act were dismissed. The cases turned on whether the farmers, contrary to section 36(3) th…
View the post titled Acquittals in Two Recent Fisheries Act ProsecutionsCO Exposure can be Lethal
A property maintenance business plead guilty and was fined $75,000 for failing to protect their workers from exposure to carbon monoxide gas while power washing an underground parking garage. Ground Maintenance Cleaning Contractors Inc. (“GMCC”), was hired to power wash the underground garag…
View the post titled CO Exposure can be LethalHunting Convictions for Shooting Decoys
A conservation officer saw two individuals sitting in their truck strategically located in order to observe the decoys with binoculars. The conservation officers placed the stationary moose decoys along the travelled portion of a maintained and travelled forest resource access corridor. Afte…
View the post titled Hunting Convictions for Shooting DecoysCourt grants defendant injunction and inspection order to investigate plaintiff’s property
In 2014, Metrus Properties sued Wrigley Canada claiming Wrigley’s neighbouring property had contaminated its property. When Wrigley asked to access the Metrus property to conduct environmental tests, Metrus refused. In April of 2016, the Superior Court of Justice granted an injunction to tem…
View the post titled Court grants defendant injunction and inspection order to investigate plaintiff’s propertyAnother Hefty Fisheries Act Fine
Another significant penalty has been ordered in relation to an offence under the Fisheries Act. Earlier this month, a Nova Scotia pulp and paper company was ordered by a provincial court to pay $225,000 in relation to a pipeline break that released 47 million litres of untreated effluent int…
View the post titled Another Hefty Fisheries Act FineAnother Conviction under the Migratory Birds Convention Act
The Migratory Birds Convention Act, 1994 (MBCA) is again being used as a tool to protect migratory birds that are also species at risk. In early April, Bergedac Ltée, and a shareholder and employee of the company, were convicted and fined a total of $12,000 for violating Migratory Birds Conv…
View the post titled Another Conviction under the Migratory Birds Convention ActReceive Blog Posts
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