Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5
Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated …
View the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…
View the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersCanada and China Sign Memorandum of Understanding Regarding Climate Change Cooperation
On November 1, 2018, at the United Nations Ministerial Dialogue on the Environment and the Ministerial Dialogue on Climate Change, Minister of Environment and Climate Change, Catherine McKenna, and the Minister of Ecology and Environment of the People’s Republic of China, Li Ganjie, signed a…
View the post titled Canada and China Sign Memorandum of Understanding Regarding Climate Change CooperationThe Rise of Citizen Lawsuits for Environmental Change
Urgenda Foundation v Kingdom of the Netherlands Recently, on October 9, 2018, The Hague Court of Appeal made an unprecedented ruling in finding that the preservation of a stable climate system is a fundamental human right and ordered the Dutch government to meet its commitment of reducing it…
View the post titled The Rise of Citizen Lawsuits for Environmental ChangePriestly Demolition fined $70,000 for Spill and Failure to Report
The defendant, Priestly Demolition Inc. caused chlorine gas to be discharged into the environment when an employee operating a magnetic grapple attempted to move old pressurized gas cylinders. During the move, a valve snapped releasing the gas. The employee experienced a burning sensation an…
View the post titled Priestly Demolition fined $70,000 for Spill and Failure to ReportGeneral Contractor Dalcon Enterprises fined $80,000
On January 25, 2016, Dalcon Enterprises Ltd., a general contractor, was convicted of two offences and fined $80,000 (plus the 25% victim fine surcharge). The fines were for the discharge of a contaminant that caused an adverse effect and for failing to report the discharge to the Ministry of…
View the post titled General Contractor Dalcon Enterprises fined $80,000Bird-building collisions and ECAs
The Ministry of the Environment and Climate Change (“MOECC”) has posted to the Environmental Registry (“ER”) a proposal for a draft regulatory amendment to exempt reflective building surfaces (such as the windows of office buildings) from requiring an Environmental C…
View the post titled Bird-building collisions and ECAsRecords of Site Condition – common problems
Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. The Ministry of Environment and Climate Change…
View the post titled Records of Site Condition – common problemsCheese 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 ove…
View the post titled Cheese whey spill: $80,000 fine$350,000+ fine for cement plant dust and noise
Essroc Canada Inc. was fined $350,000, plus the victim fine surcharge of $87,500, for dust and noise from its cement manufacturing facility near Picton. The fine was suggested jointly by the company and by the Ontario Ministry of Environment and Climate Change. Essroc pleaded guilty to disch…
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