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Published on: 21 Oct 2013 By (Dianne Saxe)

Supreme Court upholds Castonguay: "When in doubt, report"

The Supreme Court of Canada has rejected Castonguay’s appeal of its conviction for failing to report, to the Ontario Ministry of the Environment, a fly rock incident during road construction.  They were fined $25,000 plus the 25% victim fine surcharge. This decision greatly expands the…

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Published on: 17 Oct 2013 By (Dianne Saxe)

MOE Director admits that the Northstar directors were not polluters

Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,  will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…

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Published on: 15 Oct 2013 By (Dianne Saxe)

Imposing liability on the innocent bad news for economy

Current Ministry of the Environment efforts to impose environmental cleanup liability on the innocent are bad news for the Ontario economy, according to an Expert Report by noted economist Sherry Cooper. They are also harmful to the social contract and the rule of law, according to Dianne…

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Published on: 10 Oct 2013 By (Dianne Saxe)

Ivory Smuggler Guilty – Narwhal Tusk Trafficking: $385,000 Penalty

The federal government is continuing its strategy of infrequent environmental prosecutions with large penalties. Last week, Gregory (Greg) Logan, of Woodmans Point, New Brunswick, was convicted of seven offences for the illegal export of  250 Narwhal ivory tusks to the United States over sev…

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Published on: 10 Oct 2013 By

What are uninsured, unidentified and underinsured motorist claims?

I. Third-Party Liability Coverage: Who pays for damages if I am injured, but it is not my fault? In Ontario, if you are injured in a motor vehicle accident you may commence a lawsuit against an at-fault driver to compensate for your injuries and losses. Usually, the at-fault driver’s o…

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Published on: 8 Oct 2013 By (Dianne Saxe)

Reminder: Filing Toxic Substance Reduction Plan Summaries

The Ministry of the Environment has reminded Ontario businesses that toxic substance reduction plan summaries under the Toxics Reduction Act, 2009 and its regulation (O. Reg. 455/09) must be filed through Environment Canada’s Single Window (formerly known as the One Window to National Enviro…

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