Carnival Shut Down for Air Pollution Health Hazard
In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a “health hazard” under Ontario’s Health Protection and Promotion Act (HPPA). Air Pollution Health Hazard Under section 13(1) of the Act, a pu…View the post titled Carnival Shut Down for Air Pollution Health Hazard
Oslo Principles on Climate Change: Governments are Breaching Legal Duties
A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing …View the post titled Oslo Principles on Climate Change: Governments are Breaching Legal Duties
Canadian "recyclables" really waste, rot in Philippines
For two years, 50 shipping containers of Canadian garbage have been expensively rotting in the Philippines, at the expense of Filipinos. The containers were shipped as recyclable plastic scrap in 2013, but reportedly contained a mixture of plastics with other household wastes, including adu…View the post titled Canadian "recyclables" really waste, rot in Philippines
Breach of Environmental Order Lands Director in Jail
The company was ordered to pay restitution, plus a $120,000 fine. It didn't pay...The officer/director was personally fined $5,000 and sentenced to five days in jail.View the post titled Breach of Environmental Order Lands Director in Jail
Directors of real estate agent liable for contaminated site?
How far can no-fault liability for contaminated sites go? The Ontario Ministry of Environment and Climate Change has issued a cleanup order to (among others) the accountant who held a power of attorney to sell a contaminated site for an overseas client, and the directors of a real estate com…View the post titled Directors of real estate agent liable for contaminated site?
Ontario finally adopting carbon cap and trade
Today, Premier Wynne announced that Ontario is finally going ahead to implement a cap and trade system for carbon emissions, in cooperation with Quebec and perhaps California. Ontario originally promised to join Quebec, California and others in the Western Climate Initiative in 2008, but has…View the post titled Ontario finally adopting carbon cap and trade
Expert Evidence at the Environmental Review Tribunal
Dianne Saxe spoke last week at the Ontario Bar Association seminar on Using Environmental Experts Effectively at the Ontario Environmental Review Tribunal. Here is a copy of her presentation: Experts at Environmental Review Tribunal. In theory, expert evidence at the Tribunal is governed by …View the post titled Expert Evidence at the Environmental Review Tribunal
Retrial: lower fines for environmental consultant
In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the …View the post titled Retrial: lower fines for environmental consultant
Why so many environmental sample results are misleading
A knowledgeable reader writes: “Dear Diane, …Reading through the various “Environmental Law and Litigation” articles excellently written by your staff, I’m increasingly frustrated by the universal failure throughout the industry to recognize a very serious flaw …View the post titled Why so many environmental sample results are misleading
Wind appeals starting to settle?
Now that the Divisional Court has upheld Ontario’s renewable energy approval process, and the decisions of the Environmental Review Tribunal on concerns about adverse health effects, wind appeals are starting to settle. The Tribunal has heard appeal after appeal against renewable energ…View the post titled Wind appeals starting to settle?
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