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Published on: 2 May 2013 By (Dianne Saxe)

Kawartha Lakes appeal heard by Court of Appeal

The City of Kawartha Lakes has appealed to the Ontario Court of Appeal from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause. The City argues that the MOE should have imposed those cleanup costs on the polluters, meaning eith…

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Published on: 30 Apr 2013 By (Dianne Saxe)

Landfill gas electricity may be eligible for permit by rule in Ontario

The Ontario Ministry of the Environment is seeking public comment on a proposed regulation to allow landfill gas power generating facilities to register in the Environmental Activity and Sector Registry (EASR). The Registry is a much easier, quicker way to get environmental permission to bui…

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Published on: 25 Apr 2013 By (Dianne Saxe)

Why the Supreme Court decision in AbitibiBowater won’t work

We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In…

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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: 16 Apr 2013 By (Dianne Saxe)

Environmental Tribunal blocks afterthought grounds for leave to appeal

Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act…

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