Another Conviction under the Migratory Birds Convention Act
The Migratory Birds Convention Act, 1994 (MBCA) is again being used as a tool to protect migratory birds that are also species at risk. In early April, Bergedac Ltée, and a shareholder and employee of the company, were convicted and fined a total of $12,000 for violating Migratory Birds Conv…
View the post titled Another Conviction under the Migratory Birds Convention ActEnvironmental Assessment in the Courts
A duo of recent decisions underscore yet again the need for an overhaul of the existing environmental assessment (“EA”) regime. Environmental groups Greenpeace Canada, Lake Ontario Waterkeeper, Northwatch, and the Canadian Environmental Law Association (the “Applicants”) filed two judicial r…
View the post titled Environmental Assessment in the CourtsEndangered Species Litigation in Court of Appeal
Earlier this week, two environmental groups, Wildlands League and Ontario Nature (the “Appellants”), were in the Court of Appeal for Ontario seeking to have struck down a 2013 regulation that significantly altered the regime for protecting species at risk in Ontario. When initially introduce…
View the post titled Endangered Species Litigation in Court of AppealDry Cleaner Sentenced to House Arrest for Improper Storage of Tetrachloroethylene
An Edmonton businessman and owner of a dry cleaning operation, First Class Cleaners, was given an four-month conditional sentence on that is to be served in the community. The owner of First Class Cleaners plead guilty to five Canadian Environmental Protection Act offences relating to the us…
View the post titled Dry Cleaner Sentenced to House Arrest for Improper Storage of TetrachloroethylenePriestly Demolition fined $70,000 for Spill and Failure to Report
The defendant, Priestly Demolition Inc. caused chlorine gas to be discharged into the environment when an employee operating a magnetic grapple attempted to move old pressurized gas cylinders. During the move, a valve snapped releasing the gas. The employee experienced a burning sensation an…
View the post titled Priestly Demolition fined $70,000 for Spill and Failure to ReportShell fined $500,000, pays $200,000 to First Nation following 2013 spill
In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effec…
View the post titled Shell fined $500,000, pays $200,000 to First Nation following 2013 spillThe GM Salmon debate: allow, label, or outlaw?
To what extent should we continue to welcome genetically modified organisms (“GMOs”) into our food systems? The question has continued to invoke impassioned responses in recent years, with GMOs simultaneously touted by some as the salvation to global food security issues while de…
View the post titled The GM Salmon debate: allow, label, or outlaw?Energy East pipeline project faces further legal hurdles
Regional concerns over the contentious Energy East project have taken on an interesting twist recently. Quebec is seeking an injunction against the proponent of the proposed Energy East pipeline project, Trans Canada Corporation, forcing the company to submit the project to provincial enviro…
View the post titled Energy East pipeline project faces further legal hurdlesLittle Brown Bat the latest critter to shut down proposed wind farm
The Environmental Review Tribunal (“ERT”) has again demonstrated its willingness to allow appeals of renewable energy approvals (“REA”) for wind project on the basis that it will cause serious and irreversible harm to animal life, plant life or the natural environment…
View the post titled Little Brown Bat the latest critter to shut down proposed wind farmGeneral Contractor Dalcon Enterprises fined $80,000
On January 25, 2016, Dalcon Enterprises Ltd., a general contractor, was convicted of two offences and fined $80,000 (plus the 25% victim fine surcharge). The fines were for the discharge of a contaminant that caused an adverse effect and for failing to report the discharge to the Ministry of…
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