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...

Paula Lombardi to Speak at OBA Professional Development Program

Written by on April 16, 2018.

On Thursday, May 3 at 8:30am, join Paula Lombardi, environmental lawyer at Siskinds, for a professional development session at DoubleTree by Hilton London Ontario, led by the Ontario Bar Association. Paula will be leading a discussion on the topic, Environmental Contamination for the Transactional Lawyer: A Way Through the Maze. This presentation can be experienced in person or via webcast. For more information and to register, click here.

Ontario’s First Cap and Trade Program Auction

Written by on April 07, 2017.

On April 3, 2017 Ontario announced the results of its first auction of greenhouse gas emissions allowances (GHG Auction) that was held March 22, 2017. The cap and trade program has a market cycle consisting of compliance periods. In each compliance period there are emission allowance distributions, auctions, emissions reporting deadlines, and one single “true-up” (this is where the Capped Participant submits the required number of its emission allowances and credits for the compliance per...

Validity of the Renewable Fuels Regulations under CEPA upheld

Written by on June 29, 2016.

The Federal Court of Appeal has recently rendered a decision in another judicial review involving the Canadian Environmental Protection Act (CEPA). Syncrude, which produces diesel fuel at its tar sands operations, commenced an application challenging the validity of federal regulations made under CEPA requiring that all diesel fuel produced, imported, or sold in Canada contain a minimum of 2% renewable fuel (the Renewable Fuels Regulations). In Syncrude v Canada (Attorney General), 2016 FCA 1...

Energy and Water 2016 Symposium and Industry Summit

Written by on June 21, 2016.

Environmental Law Practice Group Leader, Paula Lombardi will be speaking at the upcoming Energy and Water 2016 Symposium and Industry Summit. See below for details on the event and click here to register. Energy and Water 2016 Symposium and Industry Summit Sustainable energy and water use will be the focus of an annual symposium and industry summit hosted by the University of Windsor on June 22-23, 2016. Nearly 100 local and international scientists, engineers, policy makers, cap...

$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...

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...

Teck Metals: $3 Million in Fisheries Act fines

Written by on April 04, 2016.

On February 29, 2016, Teck Metals Ltd. plead guilty to three offences under the Fisheries Act for the release of substances deleterious to fish in the Columbia River. The total fine was $3,000,000 for the Fisheries Act offences. Teck Metals also paid $400,000 in fines under BC legislation. All of the $3,000,000 fine will be directed to the Environmental Damages Fund for fish habitat and fisheries restoration projects in the Kootenay River or Columbia River watersheds. Teck Metals released a...

Shell fined $500,000, pays $200,000 to First Nation following 2013 spill

Written by on March 30, 2016.

In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effects (including sore eyes and throats, vomiting, nausea, headaches, and anxiety) and were forced to respond to a “shelter-in-place” advisory. Late last fall, Shell pled guilty to one charge under sec...