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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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Published on: 26 Sep 2013 By (Dianne Saxe)

Approvals Reform to tackle Brownfields/ Surplus soil issues

The Ontario Ministry of the Environment has announced another round of consultations on Modernization of Approvals. This time, they say, they will tackle the high stakes problems of surplus soil movements and contaminated sites. See presentation, Brownfields Modernization.

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Published on: 25 Sep 2013 By (Dianne Saxe)

Ministry of Transport pays $250,000 for Fisheries Act charges

Ontario’s Ministry of Transportation has plead guilty to two charges under the old federal Fisheries Act, and has agreed to pay a $250,000 penalty. The charges were laid by Fisheries and Oceans Canada (DFO), and  relate to sediment released from a Highway 11 construction project near B…

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Published on: 24 Sep 2013 By

Ontario Power Generation Intends to Double Size of Radioactive Waste Burial on Lake Huron.

The Canadian Environmental Law Association (CELA) and a consortium of environmental groups has requested that the Federal Joint Review Panel suspend hearings assessing the Ontario Power Generation’s (OPG) radioactive waste dump proposal until the company clarifies its stance on the status of…

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Published on: 19 Sep 2013 By (Dianne Saxe)

Sage Grouse to be protected by Emergency Protection Order, later

Following a recent loss in the Federal Court of Appeal, Minister of the Environment Leona Aglukkaq announced earlier this week that the federal government will (later) introduce an Emergency Protection Order for the Greater Sage-Grouse, or at least for those of this rapidly declining species…

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Published on: 17 Sep 2013 By (Dianne Saxe)

New guidance on a tough issue: Aboriginal Consultation and Renewable Energy

Ontario’s “Aboriginal Consultation Guide for Preparing a Renewable Energy Approval (REA) Application” which provides guidance and direction on the Aboriginal consultation requirements for renewable energy projects under Ontario Regulation 359/09 under the Environmental Protection Act w…

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