Kawartha oil spill cost recovery litigation drags on
City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,6…
View the post titled Kawartha oil spill cost recovery litigation drags onAnother court refuses to impose minimum environmental fines
I’m glad to see the courts making more use of s. 59(2) to offset the unreasonable harshness that the minimum environmental fine regime can create.
View the post titled Another court refuses to impose minimum environmental finesEnvironmental Tribunal rejects two more anti-wind appeals
The Ontario Environmental Review Tribunal has rejected two more anti-wind appeals, Cham Shan Temple v. Director, Ministry of the Environment (13-140) and County of Lambton v. Director, Ministry of the Environment (14-065). Citing the Divisional Court decisions in Dixon v Director, the Tribun…
View the post titled Environmental Tribunal rejects two more anti-wind appealsHazardous waste carrier fined $120,000 + $30,000 VFS
Buckham Transport Limited, a registered carrier of hazardous waste, was recently fined $120,000 following a guilty plea to three offences under the Environmental Protection Act (EPA): Providing false or misleading information to a Provincial Officer; Failing to transport waste to the receivi…
View the post titled Hazardous waste carrier fined $120,000 + $30,000 VFSYes, Ontario lawyers can talk to their experts
Lawyers must work with experts to focus and clearly express their opinion testimony. The lawyer cannot tell the expert what to say, but must ensure that the export report addresses the relevant questions in a clear and comprehensible way that will assist the judge to decide the lawsuit.
View the post titled Yes, Ontario lawyers can talk to their expertsShell 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 spillSupreme Court hears Chevron Ecuador pollution appeal
Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lus…
View the post titled Supreme Court hears Chevron Ecuador pollution appealSydney Tar Ponds Environmental Class Action is over
The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works
View the post titled Sydney Tar Ponds Environmental Class Action is overLess environmental enforcement = more private prosecutions?
When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojus…
View the post titled Less environmental enforcement = more private prosecutions?Endangered Species Act: Challenge to Exemptions
Ecojustice will be in court today. It will argue, on behalf of Ontario Nature and Wildlands League that Regulation 176/13, which allows major industries, such as forestry and mining developments, to avoid strict standards intended to protect at-risk species and their habitats, undermines and…
View the post titled Endangered Species Act: Challenge to ExemptionsReceive Blog Posts
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