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Published on: 27 Feb 2014 By (Dianne Saxe)

Things we wish judges knew about environmental offences by directors

Dianne Saxe had a precious opportunity to tell judges what we wish they knew about environmental offences by directors and and officers, particularly in relation to sentencing. Our bottom lines: Fairness, Good Science, and the real differences between Foresight and Hindsight. It is rarely co…

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Published on: 3 Dec 2013 By (Dianne Saxe)

Institute of Corporate Directors Webinar on No-fault Director's Liability

Many of you will be attending the Institute of Corporate Directors‘  very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Ne…

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Published on: 17 Oct 2013 By (Dianne Saxe)

MOE Director admits that the Northstar directors were not polluters

Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,  will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…

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Published on: 22 Jul 2013 By (Dianne Saxe)

Northstar directors liability to be decided by Environmental Tribunal

The Ontario Superior Court will not take over the hearing of the appeal of the former Northstar directors against their personal cleanup order for TCE contamination in Cambridge Ontario. The former directors applied to the Commercial List of the Superior Court of Justice to change the venue …

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Published on: 18 Apr 2013 By (Dianne Saxe)

Unlimited personal no fault liability for directors and officers?

The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental costs associated with the assets of their former corporation, or of the subsidiaries of that c…

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Published on: 6 Nov 2012 By (Dianne Saxe)

Directors and officers to be liable for contamination on escheated land?

What happens to contaminated sites when their corporate owner goes bust? Most of them end up escheating to the province, which is increasingly concerned about costs of managing them. Now, Ontario’s Ministry of Infrastructure is seeking comments on a proposed new management framework for forf…

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