News & Publications

Environmental & Regulatory Matters

Thompson Fuels Ordered to Pay Costs

Written by on May 28, 2018.

The case of Gendron v. Thompson Fuels, related to a home furnace oil tank that developed a leak in December 2008. The leak caused damage to the Gendron’s home and the surrounding environment, including nearby Sturgeon Lake. The City of Kawartha Lakes cleaned up the Lake. On July 17, 2017 the court released its decision on this matter, (2017 ONSC 4009) granting judgement in favour of Gendron against Thompson Fuels. The court appropriated 60% liability to Gendron and 40% to Thompson Fuels. Th...

Neonicotinoids Case Proceeds

Written by on May 22, 2018.

In July 2016 The David Suzuki Foundation, Ecojustice, Friends of the Earth, and the Ontario Nature and Wilderness Committee collectively filed an application requesting that the Federal Court declare that Canada’s Pest Management Regulatory Agency’s (“PMRA”) practice of registering neonicotinoid pesticides for use in Canada without being provided the supporting scientific information is unlawful. The environmental groups argue that PMRA’s course of conduct in initially registering a...

Congratulations, Paula Boutis!

Written by on April 21, 2017.

Siskinds warmly congratulates Paula Boutis from our Environmental Group on her appointment to the Ontario Municipal Board (“OMB”), effective May 1, 2017. With her appointment as a full-time member to the Ontario Municipal Board, Paula Boutis will be leaving private practice after nearly 17 years. Since arriving at Siskinds in the fall of 2015, Paula Boutis has been an integral part of the Environmental Group, assisting clients on a wide variety of challenging environmental issues. We’ll...

Fines for Failing to Properly Dispose of Asbestos Waste

Written by on January 05, 2017.

On December 8, 2016 an individual was convicted for transporting asbestos waste, storing asbestos, and failing to comply with the conditions of a Ministry order contrary to the provisions of the Environmental Protection Act (“EPA”). The individual operated a business providing asbestos removal services. The individual was investigated by the Ministry of the Environment and Climate Change (“Ministry”) for two violations of the Environmental Protection Act. During the first investigatio...

How to avoid liability and make deals happen!

Written by and on September 28, 2016.

Course Type: Complimentary Session Course Length: 2 1/2 hrs Province: ON Location: Siskinds LLP Office (London), St. Andrew’s Club & Conference Centre, Mississauga Head Office Course Overview and Scope Do you know the risks associated with hidden environmental liabilities to lenders, buyers, brokers, real estate agents, sellers, directors & officers. This session features a guest speaker, Paula Lombardi, Partner with Siskinds LLP. Paula will review the current regulatory ...

$8,000 Fine and $10,950 Restitution Payment for Diesel Fuel Spill

Written by on May 20, 2016.

Earlier this month, a truck driver pleaded guilty to failing to provide notice of a diesel fuel spill to the Ministry of Environment and Climate Change (“MOECC”). He was fined $8,000 (plus the 25% victim fine surcharge of $1,250) for the offence, and ordered to pay $10,950.07 in restitution to the fuel station that cleaned up the spill. The individual charged was employed as a truck driver by a Stoney Creek company. On an overnight stop in Dryden Ontario, between 100 and 200 litres of die...

$21,000 fine and restitution for road salt damage to trees

Written by on April 29, 2016.

On April 6, 2016, Jaret Bousfield was convicted under the Environmental Protection Act for permitting the discharge of road salt that caused or was likely to cause damage to a neighbour’s mature cedar trees. Bousfield pleaded guilty to the charge, and was fined $5,000, plus the 25% victim fine surcharge. In addition, he also paid $16,000 in restitution to his neighbour for the damaged trees. Mr. Bousfield was storing road salt at his property within a non-waterproof structure, next to his n...

Dry Cleaner Sentenced to House Arrest for Improper Storage of Tetrachloroethylene

Written by on April 20, 2016.

An Edmonton businessman and owner of a dry cleaning operation, First Class Cleaners, was given an four-month conditional sentence on that is to be served in the community.  The owner of First Class Cleaners plead guilty to five Canadian Environmental Protection Act offences relating to the use of tetrachloroethylene (also known as perchloroethylene or PERC). First Class Cleaners was issued warnings in 2005 and 2007 that the dry cleaning operation was not in compliance with the PERC Regulatio...

Priestly Demolition fined $70,000 for Spill and Failure to Report to MOECC

Written by on April 13, 2016.

The defendant, Priestly Demolition Inc. caused chlorine gas to be discharged into the environment when an employee operating a magnetic grapple attempted to move old pressurized gas cylinders. During the move, a valve snapped releasing the gas. The employee experienced a burning sensation and was taken to the hospital where he received treatment and stayed overnight. The employee has suffered no known long-term harm to his health. The chlorine cloud released from the gas cylinder drifted acr...

Little Brown Bat the Latest Critter to Shut Down Proposed Wind Farm

Written by on March 08, 2016.

The Environmental Review Tribunal (“ERT”) has again demonstrated its willingness to allow appeals of renewable energy approvals (“REA”) for wind project on the basis that it will cause serious and irreversible harm to animal life, plant life or the natural environment. In Hirsh v Director, Ministry of the Environment and Climate Change–a 123-page decision–the ERT allowed in part an appeal of REA for a proposed project that would have seen the establishment of  27 wind turbines,...