Contaminated site lawsuit: How not to win
Owners of a contaminated site are often too optimistic about their “rights” to compensation. Sometimes, chasing compensation for contamination just throws good money after bad. For example, Terrim Properties Ltd. wanted to build a gaming centre in Castlegar, B.C. Their loan fell through when the groundwater proved to be contaminated, likely due to historic gasoline...
Continue reading the post titled Contaminated site lawsuit: How not to winFinancial Assurance after business closes
An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financial assurance, so dismissed the operators’...
Continue reading the post titled Financial Assurance after business closesGeneral Chemical Canada: Another Orphan Site
Contaminated sites continue to keep the courts busy. This month, the Ontario Court of Appeal allowed a secured creditor to take $3.75 million out of a bankrupt firm, despite MOE objections that the money was needed to cleanup the bankrupt’s pollution. In Harbert Distressed Investment Fund v. General Chemical Canada, GCCL was a bankrupt chemical...
Continue reading the post titled General Chemical Canada: Another Orphan SiteBrownfield Regulation amended
The Ministry of the Environment has amended Ontario Regulation 153/04, under the Environmental Protection Act (EPA), related to brownfields. According to the MOE, the amendments “are technical and are consistent with the policy intent of the existing O. Reg. 153/04, as amended in December 2009. The amendments clarify the intent and scope of certain provisions,...
Continue reading the post titled Brownfield Regulation amendedRisk Assessments- old numbers or new?
This Technical Update will likely invalidate most risk assessments already submitted to the MOE.
Continue reading the post titled Risk Assessments- old numbers or new?Obstacles to waste diversion
Ontario’s Minister of the Environment says that it is his second highest priority to increase waste diversion from landfill. Can he do it? Yesterday, Dianne gave a well-received keynote address to the Municipal Waste Association on Obstacles to Waste Diversion.
Continue reading the post titled Obstacles to waste diversionBPA- a toxic substance
Canada has just become the first country in the world to regulate bisphenol A(BPA) as a toxic substance, adopting a precautionary approach and recognizing that the compound may be harmful to human and environmental health.
Continue reading the post titled BPA- a toxic substanceEstate Trustee & Henson Trusts
Your unique needs are not unique to us. Our specific knowledge in this area of law can help you.
Continue reading the post titled Estate Trustee & Henson TrustsHughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence
On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Competition Act that can...
Continue reading the post titled Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct DefenceReceive Blog Posts
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