Can investigators be personally liable for the damage they do to their suspects?
The Ontario Court of Appeal has ruled that it is not “plain and obvious” that regulatory investigators owe no duty of care to suspects under investigation. The same logic should apply to environmental investigators: shouldn’t they be personally liable to their suspects, if they misuse …
View the post titled Can investigators be personally liable for the damage they do to their suspects?For 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"?Baker (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 settledApprovals Modernization spreads to Public Lands Act
The trend towards “modernization of approvals” (otherwise known as “permit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act.
View the post titled Approvals Modernization spreads to Public Lands ActGood 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 guidelinePerverse Abitibi test produces perverse results in Nortel, Northstar appeals
The Ontario Court of Appeal has released its decisions in the Ministry of the Environment’s appeals from Justice Geoffrey Morawetz in Re Nortel and Re Northstar. In both cases, Justice Morawetz rejected MOE attempts to claim priority over secured creditors by ordering insolvent compani…
View the post titled Perverse Abitibi test produces perverse results in Nortel, Northstar appealsOne less hazardous waste in Ontario: automotive aluminum sludge delisted
The line between “hazardous” and “non-hazardous” waste is often drawn in a somewhat arbitrary way, sometimes for historical reasons. Occasionally, it is possible to persuade the Ontario Ministry of the Environment to readjust the line. Canadian automotive manufacturer…
View the post titled One less hazardous waste in Ontario: automotive aluminum sludge delistedNo 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 participationAgent Orange report confirms: some Ontario workers were poisoned
The Ontario government has released a report concluding that some pesticide applicators in Ontario were exposed to dangerous levels of Agent Orange between 1948 and 1979 — the same chemical used to defoliate the jungle during the Vietnam War. Although most Agent Orange was used by municipali…
View the post titled Agent Orange report confirms: some Ontario workers were poisonedOntario Failing Our Future on Climate Change
In his latest report, Ontario’s Environmental Commissioner again strongly criticizes the Ontario government for doing too little on climate change. The Ontario government has done a lot, most notably closing coal-fired power plants and adopting the Green Energy Act. In this, Ontario co…
View the post titled Ontario Failing Our Future on Climate ChangeReceive Blog Posts
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