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Published on: 15 Aug 2013 By (Dianne Saxe)

$25,000 fine for dumping auto fluff

Kimco Steel Sales Limited, which operates a Kingston waste transfer site, was fined $25,000 plus a victim fine surcharge of $6,250 for depositing auto fluff on an illegal dump site. Auto fluff is a non-hazardous waste left from shredding a vehicle after the metal has been salvaged for recycling. Proper handling of end of life...

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Published on: 27 Aug 2014 By

2014 Pesticide Prosecution “Roundup”

Earlier this summer we reported that Ontario Pesticide Act prosecutions have become infrequent since the Ministry of the Environment and Climate Change (MOE) stopped having specialized pesticide enforcement staff. Now that the season is soon to change over, we decided to take a look at the year’s violation reports to see if MOE’s intentions with...

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Published on: 6 Jan 2015 By (Dianne Saxe)

Largest Canadian environmental penalty: $7.5 MM

Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the law in 2012.

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Published on: 14 Sep 2008 By (Dianne Saxe)

Engineer's Negligence

A surprisingly large portion of our practice consists of civil suits against environmental consultants for negligence relating to contaminated sites. We are currently a week into discoveries of such a case. A major consulting firm won a large remediation contract by representing that they had unique and proven expertise in insitu chemical oxidation, and promised...

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Published on: 4 Jan 2017 By

Fines for Failing to Properly Dispose of Asbestos Waste

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...

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Published on: 14 Mar 2017 By

Another Migratory Bird Convention Act Conviction for Harm to Bank Swallows

On February 9, 2017, a construction company pled guilty to offences under the Migratory Birds Convention Act, 1994 (“MBCA”) for the destruction of Bank Swallow eggs, nests and nest shelters. This resulted in fines of $7,500 to be directed to the Environmental Damages Fund. Enforcement officers, while on patrol in June 2015, saw hundreds of...

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Published on: 30 Aug 2017 By

Obstruction Charge Results in 45 Days in Jail

On August 14, 2017, an individual operating an automotive and scrap metal business at a property situated along Haldimand Highway in Canfield was sentenced to 45 days in jail for obstructing Ministry of the Environment and Climate Change Provincial Officers (“Ministry Officers”) in the performance of their duties, contrary to the Environmental Protection Act. The...

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