Buyer can’t void purchase of contaminated land
Crosslink Bridge Corp. (Crosslink) purchased contaminated land from CN Railway (CN) in 2008 to develop a tourism, entertainment, retail and sports venue in the Niagara region. Crosslink received a box of environmental reports, including the Certificate of Requirement (also registered on titl…
View the post titled Buyer can’t void purchase of contaminated landFor environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Scott Environmental fined $96,250 for bad waste parking
Environmental fines for relatively minor offences are soaring. Scott Environmental Group Limited owns and operates waste disposal sites in Kingston, to treat, process and/or transfer a wide variety of hazardous and non-hazardous wastes. Each site operates under a detailed Environmental Compl…
View the post titled Scott Environmental fined $96,250 for bad waste parkingBaker (Northstar Directors') liability appeal has settled
Ten corporate officers and directors have paid $4.75 million to be released from the Northstar Canada cleanup order, even though the Ministry of the Environment admits that none of them were at fault for causing the contamination. Some were not even on the Northstar Canada board. The Enviro…
View the post titled Baker (Northstar Directors') liability appeal has settledGood news: updated Ontario noise guideline
After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts. “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 o…
View the post titled Good news: updated Ontario noise guidelineDrive Clean fines: $52,500 plus surcharge
The Ontario Ministry of the Environment obtained fines of $52,500 plus the 25% Victim Fine Surcharge against a Markham Drive Clean Facility, its owner and drive clean inspector and four of its customers for submitting false information about Drive Clean tests. Kwok-Man (Bill) Hon was the bus…
View the post titled Drive Clean fines: $52,500 plus surchargeMunicipality can’t bring Charter challenge to wind approval rules
The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules. Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. In Municipality of North Middlesex v. Direc…
View the post titled Municipality can’t bring Charter challenge to wind approval rulesNo personal environmental conviction without knowledge or participation
When is an individual liable to conviction for a corporate environmental offence? The Ontario Ministry of the Environment has insisted that management personnel are automatically liable for corporate environmental offences, and has laid numerous charges on this basis. The Summary Conviction …
View the post titled No personal environmental conviction without knowledge or participation$17,500 penalty for importing hazardous batteries without permit
Toxco Waste Management Ltd., of Trail, B.C., was ordered to pay $17,500 to the Environmental Damages Fund (EDF) by the Provincial Court of British Columbia after pleading guilty to importing waste lithium batteries exceeding the limit set out in its import permit. This action contravened the…
View the post titled $17,500 penalty for importing hazardous batteries without permitUnlimited 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…
View the post titled Unlimited personal no fault liability for directors and officers?Receive Blog Posts
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