Northstar Inc. and the Ministry of the Environment: Are Directors and Officers Responsible for Environmental Remediation?
How much responsibility do Directors and Officers bear for environmental contamination? The answer is not clear from the text of the Environmental Protection Act and currently the Ontario Courts are considering the issue in Baker v Ministry of the Environment. In this blog post, Paula Lombar…Continue reading the post titled Northstar Inc. and the Ministry of the Environment: Are Directors and Officers Responsible for Environmental Remediation?
Approvals Modernization spreads to Public Lands Act
The trend towards “modernization of approvals” (otherwise known as “permit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act.Continue reading the post titled Approvals Modernization spreads to Public Lands Act
Misunderstood "best by" labels waste food and energy
According to a recent Harvard study, The Dating Game, badly regulated and poorly understood food labelling contributes to an enormous, avoidable waste of food, and associated energy and emissions.Continue reading the post titled Misunderstood "best by" labels waste food and energy
More details on the new NPC 300 noise guideline
Ontario’s updated Noise Guideline, NPC 300, mentioned in yesterday’s post, is not identical to the draft posted for comments in 2010. For example, there will be no Class 5 areas. The Ministry of the Environment describes the changes from the original draft as follows:Continue reading the post titled More details on the new NPC 300 noise guideline
Good news: updated Ontario noise guideline
After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts. “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 o…Continue reading the post titled Good news: updated Ontario noise guideline
Animations in environmental law
Computer animations can be a powerful form of demonstrative evidence, but it has been surprisingly hard for them to gain much traction in Canadian courts. Here is Dianne’s primer on what’s required to use them effectively as evidence in environmental cases:Using computer animationsContinue reading the post titled Animations in environmental law
Supreme Court upholds Castonguay: "When in doubt, report"
The Supreme Court of Canada has rejected Castonguay’s appeal of its conviction for failing to report, to the Ontario Ministry of the Environment, a fly rock incident during road construction. They were fined $25,000 plus the 25% victim fine surcharge. This decision greatly expands the…Continue reading the post titled Supreme Court upholds Castonguay: "When in doubt, report"
MOE Director admits that the Northstar directors were not polluters
Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause, will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…Continue reading the post titled MOE Director admits that the Northstar directors were not polluters
Ecojustice successfully defends drought restrictions against MOE/ Nestle
Congratulations to Ecojustice for successfully defending drought restrictions in a water taking permit against the combined forces of the Ministry of the Environment and the giant water bottler, Nestle Canada.Continue reading the post titled Ecojustice successfully defends drought restrictions against MOE/ Nestle
Imposing liability on the innocent bad news for economy
Current Ministry of the Environment efforts to impose environmental cleanup liability on the innocent are bad news for the Ontario economy, according to an Expert Report by noted economist Sherry Cooper. They are also harmful to the social contract and the rule of law, according to Dianne…Continue reading the post titled Imposing liability on the innocent bad news for economy