The 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 ChangeDry Cleaner Sentenced to House Arrest for Improper Storage of Tetrachloroethylene
An Edmonton businessman and owner of a dry cleaning operation, First Class Cleaners, was given an four-month conditional sentence on that is to be served in the community. The owner of First Class Cleaners plead guilty to five Canadian Environmental Protection Act offences relating to the us…
View the post titled Dry Cleaner Sentenced to House Arrest for Improper Storage of TetrachloroethyleneShell fined $500,000, pays $200,000 to First Nation following 2013 spill
In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effec…
View the post titled Shell fined $500,000, pays $200,000 to First Nation following 2013 spillEven brief discharges must be reported
Metcan Industries, which manufactures synthetic slag products, was convicted of failing to report a discharge of particulate that lasted “a couple of minutes”. The company was fined $10,000 plus the $2,5000 victim fine surcharge, under the Ontario Environmental Protection Act. (…
View the post titled Even brief discharges must be reported$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…
View the post titled $350,000+ fine for cement plant dust and noiseRetrial: lower fines for environmental consultant
In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the …
View the post titled Retrial: lower fines for environmental consultantShell Canada charged for Chemical Valley spill
In January of 2013, Shell Canada allegedly spilled “flare liquids”, similar to gasoline, from its refinery in Sarnia. People in a nearby First Nation (often affected by Chemical Valley spills) experienced odours, irritation and illness. After waiting until the end of the two year…
View the post titled Shell Canada charged for Chemical Valley spillAs minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…
View the post titled As minimum fines get higher, is there a work-around?Second shoe falls: flyrock discharge after Castonguay
If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?
View the post titled Second shoe falls: flyrock discharge after CastonguayFor 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"?Receive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.