More on the First Environmental Penalty
By digging behind the MOE press release we have discovered: The first environmental penalty was $9,000 for suspended solids escaping in storm water to a creek, contrary to the Ontario Water Resources Act. CGC Inc. had a long -standing problem with suspended solids from its gypsum storage pile, and had promised (in 2006) to keep...
Continue reading the post titled More on the First Environmental PenaltyBruce Power Receives $100,000 Penalty for Refrigerant handling Violations
Bruce Power Limited Partnership, operator of the Bruce Nuclear Power Plant, has pleaded guilty to one count of violating the Canadian Environmental Protection Act, 1999 (CEPA, 1999). It received penalties of $100,000 for failure to conduct an annual leak test of all the components of a refrigeration system, contrary to the Federal Halocarbon Regulations, 2003 and paragraph 272(1)(a) of CEPA,...
Continue reading the post titled Bruce Power Receives $100,000 Penalty for Refrigerant handling ViolationsWhere Can I Bring My Family Law Application?
Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario. For a determination of whether or not Ontario should assume jurisdiction over a case (i.e. where there is a competition over jurisdiction...
Continue reading the post titled Where Can I Bring My Family Law Application?Narrower Canadian Environmental Assessment Regime in force
The new Canadian Environmental Assessment Act, 2012, Â is now in force, and federal environmental screenings are a thing of the past.Â
Continue reading the post titled Narrower Canadian Environmental Assessment Regime in forceProviding Expert Opinion: be the best witness you can be
Providing expert evidence is an essential part of the legal system, Judges and Juries place significant weight on your opinion. This article outlines the legal duties of an expert and suggests some strategies for making the best presentation in court. Overview The purpose of a trial is to allow a trier of fact (judge or...
Continue reading the post titled Providing Expert Opinion: be the best witness you can beMassachusetts expert panel on wind and health recommends comparing all energy sources
Typically, at distances larger than 400 m, sound pressure levels for modern wind turbines are less than 40 dB(A), which is below the level associated with annoyance in the epidemiological studies reviewed.... The considerations should take into account trade-offs between environmental and health impacts of different energy sources, national and state goals for energy independence, potential extent of impacts, etc.
Continue reading the post titled Massachusetts expert panel on wind and health recommends comparing all energy sourcesFederal court orders mining disclosure
Two environmental groups have won a great victory over Environment Canada and the mining industry, which must immediately begin collecting and reporting information on pollutants in mine tailings and waste rock.
Continue reading the post titled Federal court orders mining disclosureApproval process a "vortex of misery"
Debly sued the Ministry of the Environment for $2,322,907.91, for regulatory negligence, negligent investigation, and misrepresentation.
Anyone who has languished in "Approvals hell" may feel a glimmer of sympathy for the Debly family.
Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.
Rasha El-Tawil and Michael Polvere argued a successful appeal before the Court of Appeal for Ontario in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.), regarding the application of the Bankruptcy and Insolvency Act on damages suffered for personal injuries after an intentional tort. The decision of the...
Continue reading the post titled Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.Seek Legal Advice Immediately Upon Receipt of a Request from the MOE
Landowners will often comply voluntarily with requests from the Ministry of the Environment (“MOE”), but cooperating may not always be in their best interest. Seeking early legal advice is important to determine what course of action, upon receiving notification, correspondence or an administrative Order from the MOE, is in fact in one’s best interest. The...
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