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Published on: 2 Nov 2016 By

ERT concludes turbine project will cause serious harm to human health

The Environmental Review Tribunal (“Tribunal”) has for the first time concluded that a wind turbine project would cause serious harm to human health. The Tribunal also concluded, as it did in an earlier case, that the project would cause serious and irreversible harm to an endangered bat spe…

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Published on: 28 Oct 2016 By

When is a pit a “pit”?

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…

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Published on: 26 Oct 2016 By

More Stringent Regulatory Requirements – Water Taking

The Ministry of the Environment and Climate Change (“MOECC”) has posted a draft regulation to the Environmental Registry proposing to establish a moratorium on the issuance of new or increasing permits to take water for the purposes of water bottling. We previously blogged about the water ta…

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Published on: 6 Oct 2016 By

$900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes

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…

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Published on: 28 Sep 2016 By

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…

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