Institute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors‘ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Ne…
View the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityBuyer can’t void purchase of contaminated land
Crosslink Bridge Corp. (Crosslink) purchased contaminated land from CN Railway (CN) in 2008 to develop a tourism, entertainment, retail and sports venue in the Niagara region. Crosslink received a box of environmental reports, including the Certificate of Requirement (also registered on titl…
View the post titled Buyer can’t void purchase of contaminated landIs parent company liable for crimes of foreign subsidiary?
The Ontario Superior Court has dismissed Hudbay Minerals’ motion to strike out the claims against it, and its subsidiary, for rapes and other human rights abuses allegedly committed in Guatemala. The Court concluded that the plaintiffs’ claim, that the Canadian parent company is …
View the post titled Is parent company liable for crimes of foreign subsidiary?Environmental Tribunal reluctantly approves wind turbines near eagles' nest
The Environmental Review Tribunal has issued another decision approving a 45 turbine wind farm, but strongly recommended that the proponent defer or relocate the two turbines within 800 metres of a bald eagles’ nest. Lewis v. MOE, 13-044 is an appeal from a Renewable Energy Approval Nu…
View the post titled Environmental Tribunal reluctantly approves wind turbines near eagles' nestFor environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Regulators of fracking negligent? Alberta case cut down
Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property …
View the post titled Regulators of fracking negligent? Alberta case cut downAnother environmental conviction for Ministry of Transportation
In an unusual turn of events, Ontario’s Ministry of Transportation has had two Fisheries Act convictions this fall: one for road construction and design, the other for road maintenance.
View the post titled Another environmental conviction for Ministry of TransportationCascades/ Superior paper mill cleanup: final settlement?
Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment.
View the post titled Cascades/ Superior paper mill cleanup: final settlement?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…
View the post titled Baker (Northstar Directors') liability appeal has settledSupreme 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…
View the post titled Supreme Court upholds Castonguay: "When in doubt, report"Receive Blog Posts
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