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Published on: 29 Oct 2013 By (Dianne Saxe)

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…

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Published on: 29 Oct 2013 By

Northstar Inc. and the Ministry of the Environment: Are Directors and Officers Responsible for Environmental Remediation?

How much responsibility do Directors and Officers bear for environmental contamination? The answer is not clear from the text of the Environmental Protection Act and currently the Ontario Courts are considering the issue in Baker v Ministry of the Environment. In this blog post, Paula Lombar…

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Published on: 23 Oct 2013 By (Dianne Saxe)

Good 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…

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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: 30 Sep 2013 By (Dianne Saxe)

What will it take for facts to overcome fear about wind turbines?

People who actually live with and host wind turbines on their properties are rarely heard in the emotional debate on wind farms and health. Australian filmmaker and researcher Neil Barrett is giving this critical group a voice in his excellent short film, The way the wind blows. Evidence aro…

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