Polluter must pay for cleanup, twice
It’s not safe for a polluter to trust a subsequent owner to clean up contamination, even if the polluter has specifically paid for the cleanup, and even if the new owner signs a contract relieving the original polluter of liability. None of this will prevent environmental regulators from ord…
View the post titled Polluter must pay for cleanup, twiceLawsuit for noise and odour
Noise and odour are frequent sources of neighbourhood disputes. Sometimes those disputes can be resolved by turning to regulators, such as the Ministry of the Environment or municipal bylaw enforcement officers. Often, however, that isn’t enough. Some then turn to the courts.
View the post titled Lawsuit for noise and odourGrassy Narrows victory and renewable energy
The Grassy Narrows First Nation has won an important legal victory, affecting Ontario lands north of the English River, the “Keewatin Lands”. After 11 years of litigation, they have succeeded in obtaining a ruling that the Ministry of Natural Resources (MNR) had no right to issue fores…
View the post titled Grassy Narrows victory and renewable energyWhat was she thinking?
In R. v. Matchim, a recent case before the Ontario Court of Justice (March 18 2011), firefighters extinguished a blaze in the basement of a home on Vincent Street, in Newmarket. An explosion then occurred in the main sanitary sewer line on the street.
View the post titled What was she thinking?MacQueen v. Canada class action
The Nova Scotia Supreme Court has certified a massive class action by Sydney residents against the governments of Canada and Nova Scotia, relating to contamination from the notorious Sydney tar ponds, and the associated steel mill and coke ovens from the old Sydney Steel.
View the post titled MacQueen v. Canada class action$80,000 water discharge fine
Torbear Contracting Inc., Woodbridge, had a contract to complete upgrades at a sewage treatment plant. The project required that the outdoor containment area surrounding the chemical storage tanks of sodium hypochlorite be expanded and a drain be installed to allow for easy removal of rainw…
View the post titled $80,000 water discharge fineClass action certified for highway noise
"Collective action.. creates a just balance between the people who suffer the consequences of a violation and the offender, who often has much greater resources..."
View the post titled Class action certified for highway noiseDo Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…
View the post titled Do Pollution Exclusion clauses work?How much notice is enough?
A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough.
View the post titled How much notice is enough?Cumulative effects in approvals
Cumulative effects are extremely hard to manage in any approval process. By definition, the person or project seeking an individual approval does not usually control the other sources of cumulative impact. Nor is the necessary information about the other actual or potential impacts usually b…
View the post titled Cumulative effects in approvalsReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.