Court grants defendant injunction and inspection order to investigate plaintiff’s property
In 2014, Metrus Properties sued Wrigley Canada claiming Wrigley’s neighbouring property had contaminated its property. When Wrigley asked to access the Metrus property to conduct environmental tests, Metrus refused. In April of 2016, the Superior Court of Justice granted an injunction to temporarily prevent Metrus from redeveloping its property and also ordered access to Metrus’s property...
Continue reading the post titled Court grants defendant injunction and inspection order to investigate plaintiff’s propertySuing negligent engineers
A surprisingly large part of my practice involves suing engineers and other environmental consultants for their negligence and breach of contract relating to contaminated sites.
Continue reading the post titled Suing negligent engineersA year after Sunrise
Recommendation 13 will require propane operators to take additional precautions when new developments are built nearby.
Continue reading the post titled A year after SunriseEnbridge Kalamazoo oil spill: State consent order
How are major oil spill claims handled in the US? For a fascinating glimpse across the border, Enbridge-consent-judgment is a copy of the multimillion dollar consent order between the State of Michigan and Enbridge over the billion dollar, three-million-litre oil spill into wetlands and the Kalamazoo River in 2010. The State and Enbridge agreed to...
Continue reading the post titled Enbridge Kalamazoo oil spill: State consent orderWhen is a pit a “pit”?
The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and blasting company. In 2012, it approached a landowner to...
Continue reading the post titled When is a pit a “pit”?Better comments on permit-by-rule for water taking
Will Ontario’s proposed rules for “permit-by-rule” water takings work? Stephen English of the Region of Halton has graciously allowed me to post some of his helpful comments on the details of Ontario’s proposal to replace some Permits to Take Water, especially for construction dewatering, with a “permit by rule” exemption under the Environmental Activity and Sector Registry. He doesn’t...
Continue reading the post titled Better comments on permit-by-rule for water takingGreen building materials: SM 01350
Some key elements of Section 01350 are procedures to ensure good indoor air quality to protect human health.
Continue reading the post titled Green building materials: SM 01350Cheese whey spill: $80,000 fine
Even seemingly innocuous substances, like human food and drink, can be hazardous to the natural environment. And spills of food and drink must be reported. Silani Sweet Cheese Limited manufactures a cheese at a facility in Bradford, West Gwilliumbury. In January 2013, ricotta cheese whey overflowed from a silo at the site. Although the discharge...
Continue reading the post titled Cheese whey spill: $80,000 fineBreach of Environmental Order Lands Director in Jail
The company was ordered to pay restitution, plus a $120,000 fine. It didn't pay...The officer/director was personally fined $5,000 and sentenced to five days in jail.
Continue reading the post titled Breach of Environmental Order Lands Director in JailHear a podcast with Dianne Saxe
Thanks to Husein Panju for hosting a podcast interview with Dianne on his new site, LawyerEd. Topics include: climate change, polluted lands, and environmental personal liability.
Continue reading the post titled Hear a podcast with Dianne SaxeReceive Blog Posts
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