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Published on: 14 Apr 2015 By (Dianne Saxe)

Directors of real estate agent liable for contaminated site?

How far can no-fault liability for contaminated sites go? The Ontario Ministry of Environment and Climate Change has issued a cleanup order to (among others) the accountant who held a power of attorney to sell a contaminated site for an overseas client, and the directors of a real estate company that listed the property for sale....

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Published on: 9 Jan 2015 By

Finding and Serving those Anonymous Bloggers

In a previous article published on this website, the strict limitation periods associated with a defamation action were discussed; particularly, the six week period for a Notice of Libel and the three month period for the commencement of an action in defamation, as is required under sections 5 and 6 of the Libel and Slander...

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Published on: 10 Aug 2016 By

$70,000 in fines for breach of PCB regulations

On July 27, 2016, the Ontario Court of Justice levied $70,000 in fines against a Hamilton company for contravention of the federal PCB regulations and for failing to comply with an Environmental Protection Compliance Order, issued under the Canadian Environmental Protection Act, 1999 (CEPA). Under the PCB regulations, PCBs can only be used in particular...

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Published on: 26 Mar 2008 By (Dianne Saxe)

Ontario Budget

The 2007 Ontario budget contained no grand environmental measures, such as BC’s shift from income taxes to carbon taxes. Nor does it tackle any of the large, strategic questions raised by the Environmental Commissioner about how to reconcile population and econimic growth with environmental limits. In fact, “Environment” was only the last subheading of the...

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Published on: 22 Mar 2017 By

The Problem of Too Much Soil and Dirty Fill

At the end of December, 2016, the Ministry of Environment and Climate Change (“MOECC”) in Ontario released its Excess Soil Policy Framework. The problem of excess soil is not a small one, and it has been gaining more attention, particularly as big cities seek to intensify, creating vast quantities of “fill” that then has to...

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Published on: 10 Oct 2017 By

Teck Coal Fined $1,425,000

On October 5, 2017 Teck Coal Limited (“Teck”) in British Columbia court pled guilty to three counts of contravening the Fisheries Act for discharging a deleterious substance, namely selenium, into a tributary of the Elk River frequented by fish. On October 16, 2014, approximately 45 dead fish were discovered in Line Creek which is located...

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Published on: 7 Feb 2019 By

City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act

On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental Damages Fund; updating their standard operating procedures for...

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