Hazardous waste nonsuit decision
As mentioned last week, we won a rare non-suit motion in the Ontario Court of Justice on three counts, each against three defendants charged with improperly managing hazardous waste at a transfer site, contrary to the Environmental Protection Act. In each case, the Ministry of the Environme…
View the post titled Hazardous waste nonsuit decisionBPA- a toxic substance
Canada has just become the first country in the world to regulate bisphenol A(BPA) as a toxic substance, adopting a precautionary approach and recognizing that the compound may be harmful to human and environmental health.
View the post titled BPA- a toxic substanceSyncrude pays $3M for dead ducks
On Friday, Syncrude was ordered to pay $3 million in penalties for the 1,600 ducks killed in its tailings ponds four years ago. This is the highest total penalty ever imposed in Canada for an environmental offence. Syncrude was fined the maximum for a single incident: $300,000 for the feder…
View the post titled Syncrude pays $3M for dead ducksElectricity pricing changing again
Proposed changes to Ontario’s electricity pricing system should reward big customers more for shifting demand off-peak.
View the post titled Electricity pricing changing againThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
View the post titled The dirty side of "clean fill"Model contract for engineers and their clients
We are frequently consulted on disputes over the wording of contracts between environmental engineers and their clients. Some contracts are just badly drafted, so it’s hard to know what they mean. Others are clearly drafted, but don’t describe what the client was promised. Some …
View the post titled Model contract for engineers and their clientsSuccessful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits o…
View the post titled Successful nonsuits- hazardous wasteRusting wrecks an oil spill timebomb?
Who will pay for cleaning up oil from a 70-year-old wreck? The owner of the ship, who may be long gone, or the Armed Forces that sank it?
View the post titled Rusting wrecks an oil spill timebomb?Renewable energy approvals amendments
As a key pillar in supporting the development of Ontario’s green economy, the Ontario government made O.Reg.359/09 (Renewable Energy Approvals) under the Environmental Protection Act, which came in to force on September 24, 2009. This regulation offers a hopefully one-window approach to regu…
View the post titled Renewable energy approvals amendmentsClimate change: How strong is the evidence?
Is climate change science “real science”? Can climate change experts give expert evidence in court? Canadian courts have not yet wrestled with this issue, but American courts have. The leading case is Green Mountain Chrysler v. Crombie. In 2007, the auto industry tried to prevent…
View the post titled Climate change: How strong is the evidence?Receive Blog Posts
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