Drive Clean fines: $52,500 plus surcharge
The Ontario Ministry of the Environment obtained fines of $52,500 plus the 25% Victim Fine Surcharge against a Markham Drive Clean Facility, its owner and drive clean inspector and four of its customers for submitting false information about Drive Clean tests. Kwok-Man (Bill) Hon was the business owner and corporate officer of Triumph Auto Centre...
Continue reading the post titled Drive Clean fines: $52,500 plus surchargeRecent Developments in Securities Class Actions: Pre-Certification Jurisdictional Challenges
Today, capital markets are essentially borderless. Stock exchanges with physical trading floors have become an anachronism. Electronic transactions are the norm. With the click of a button, Canadian investors can buy and sell securities of foreign companies on foreign stock exchanges. But what happens when a Canadian investor loses money on their investment because the...
Continue reading the post titled Recent Developments in Securities Class Actions: Pre-Certification Jurisdictional ChallengesWhen it comes to anti-wind power appeals, all turtles are not created equal
The Environmental Review Tribunal has dismissed another anti-wind power appeal, holding that evidence to substantiate claims of “serious and irreversible harm to animal life” must be site-specific, species-specific, and quantifiable. The Tribunal released its decision in Bain v. Director, Ministry of the Environment, 2014 WL 888126 on February 27, 2014, allowing the five-wind turbine Emestown...
Continue reading the post titled When it comes to anti-wind power appeals, all turtles are not created equalEnvironmental Tribunal rejects two more anti-wind appeals
The Ontario Environmental Review Tribunal has rejected two more anti-wind appeals, Cham Shan Temple v. Director, Ministry of the Environment (13-140) and County of Lambton v. Director, Ministry of the Environment (14-065). Citing the Divisional Court decisions in Dixon v Director, the Tribunal upheld the renewable energy approvals granted by the Ministry of the Environment to the 10 MW wpd Sumac Ridge...
Continue reading the post titled Environmental Tribunal rejects two more anti-wind appealsEnvironmental Review Tribunal Denies Costs for Successful REA Appellants
In the latest chapter in the appeal of the renewable energy approval (“REA”) for a wind farm in Clearview Township, Simcoe County, the Environmental Review Tribunal (“Tribunal”) denied the Appellants’ request for costs. The Appellants, comprised of an assortment of individuals, municipalities, and a corporation, appealed a REA issued in 2016 by the Director of...
Continue reading the post titled Environmental Review Tribunal Denies Costs for Successful REA AppellantsEngineer's Negligence
A surprisingly large portion of our practice consists of civil suits against environmental consultants for negligence relating to contaminated sites. We are currently a week into discoveries of such a case. A major consulting firm won a large remediation contract by representing that they had unique and proven expertise in insitu chemical oxidation, and promised...
Continue reading the post titled Engineer's NegligenceContext is everything – Miller v FSD Pharma Inc.
In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have probably all heard the saying “context is everything.”...
Continue reading the post titled Context is everything – Miller v FSD Pharma Inc.Vicarious liability of school boards for sexual assault by teachers
“Vicarious liability” is a legal concept which can cause employers to be held accountable for the negligent and, in some cases, intentional misconduct of their employees. The possibility of a finding of vicarious liability is intended to act as a deterrent to ensure employers put systems in place to prevent wrongdoing by their employees. In...
Continue reading the post titled Vicarious liability of school boards for sexual assault by teachersToronto Public Health Reveals Local Air Pollution Sources
Local air pollution from small sources like autobody shops and corner laundries cause the deaths of at least 120 city residents each year, according to the Toronto Star citing a Toronto Public Health study called ChemTRAC. ChemTRAC is a program implemented by the City of Toronto under its Environmental Reporting, Disclosure and Innovation Program, which includes the Environmental...
Continue reading the post titled Toronto Public Health Reveals Local Air Pollution SourcesPhytoremediation of contaminated sites
There are an estimated 30,000 contaminated sites in Canada. These include properties like former gas stations, factories, or rail yards that are contaminated by heavy metals, organic compounds, or other toxins. Redevelopment of these sites, which are often found in prime downtown areas, is important to provincial and local governments.
Continue reading the post titled Phytoremediation of contaminated sitesReceive Blog Posts
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