New Industrial Waste Surcharge Agreements – fair?
The City of Toronto is demanding that local industries sign a draconian new form of 2012 Waste Discharge Agreement, to come into force on January 1, 2012. Unfortunately, the proposed agreement could seriously prejudice any organization that signs it. For example, it gives the City the right to determine compliance without taking scientifically valid samples. As...
Continue reading the post titled New Industrial Waste Surcharge Agreements – fair?Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.
Continue reading the post titled Expropriating contaminated landChanges to the Employment Standards Act, 2000
New ESA Poster Requirement The Ministry of Labour has released a new version (6.0) of its Employment Standards Poster, Employment Standards in Ontario. Posting The new version of the poster must be posted in each of an employer’s workplaces in a location where it is likely to come to the attention of employees (printed out...
Continue reading the post titled Changes to the Employment Standards Act, 2000Pollution, hot spots and environmental justice
 Is it acceptable for legal pollution levels to be higher in some neighbourhoods than in others? In the US, pollution is often concentrated in areas of colour, including the famous Cancer Alley. Changing this is called “environmental justice”, and is an important priority for US EPA Administrator Lisa Jackson.
Continue reading the post titled Pollution, hot spots and environmental justiceClass actions for historic contamination
Class actions for historic contamination: Sydney Tar Ponds and Smith v. Inco The class action by neighbours of the notorious tar ponds in Sydney, Nova Scotia, is going ahead, although neighbours of Inco’s Port Colborne plant have lost theirs.Â
Continue reading the post titled Class actions for historic contaminationBig wastewater fines
Town Line Processing Limited (TLP), a related company and their directors have been fined $159,375 for breaching a Provincial Officers Order to clean up their wastewater lagoons.
Continue reading the post titled Big wastewater finesMine or hauler: Who's responsible for Waste PCB Oil?
In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn’t realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with other oils, creating extensive PCB contamination...
Continue reading the post titled Mine or hauler: Who's responsible for Waste PCB Oil?Ontario Labour Relations Board Finds that Employee Fired for Sleeping on the Job is Still Entitled to Termination Pay
Many employers are aware that they can terminate an individual’s employment without notice where there is “cause” (generally acts that fundamentally undermine the employment relationship such as theft, violence in the workplace, etc.). However, employers may not be aware that Ontario’s employment standards legislation sets a different, arguably higher bar for misconduct before an employer...
Continue reading the post titled Ontario Labour Relations Board Finds that Employee Fired for Sleeping on the Job is Still Entitled to Termination PayJail for victim of vandalism?
1197338 Ontario Inc. was fined $150,000 plus the 25% Victim Fine Surcharge for failing to comply with a Director’s Order to clean up a spill of PCBs; its president, Lawrence Brander was sentenced to 30 days in jail for the same offence.  But why did the spill occur?
Continue reading the post titled Jail for victim of vandalism?Sunrise Propane Explosion: $5.3 million in fines
After convictions in 2013, Sunrise Propane Energy Group Inc., 1367220 Ontario Inc., c.o.b. as Sunrise Propane, and two corporate directors, Shay Ben-Moshe and Valery Belahov, have been fined a total of $5.3 million, exclusive of the 25% victim fine surcharges (VFS). Sunrise Propane owned a propane filling plant in the city of Toronto and 1367220 Ontario Inc. held...
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