Contaminated sites change in Provincial Policy Statement
The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and “provides clear policy direction on land use planning to …
View the post titled Contaminated sites change in Provincial Policy StatementBaker (Northstar Directors') liability appeal has settled
Ten corporate officers and directors have paid $4.75 million to be released from the Northstar Canada cleanup order, even though the Ministry of the Environment admits that none of them were at fault for causing the contamination. Some were not even on the Northstar Canada board. The Enviro…
View the post titled Baker (Northstar Directors') liability appeal has settledTimminco motion: A new twist in insolvency v environment
The insolvent metal processing company, Timminco, is attempting a new twist to “cleanse” creditors of environmental claims through insolvency law. They have applied to the Commercial List for permission to sell their valueless contaminated sites, for virtually nothing, to new sub…
View the post titled Timminco motion: A new twist in insolvency v environmentBuyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.
View the post titled Buyer can’t expect compensation for pre-existing contaminationWhat counts as pollution?
Two recent cases have reached opposite conclusions about what counts as a “contaminant” under Ontario’s Environmental Protection Act (EPA). Neither case seems to make much environmental sense. Why is flyrock a “contaminant”, when reflected light that lures millions of birds to their deaths i…
View the post titled What counts as pollution?Directors and officers to be liable for contamination on escheated land?
What happens to contaminated sites when their corporate owner goes bust? Most of them end up escheating to the province, which is increasingly concerned about costs of managing them. Now, Ontario’s Ministry of Infrastructure is seeking comments on a proposed new management framework for forf…
View the post titled Directors and officers to be liable for contamination on escheated land?Contaminated site lawsuit: How not to win
Owners of a contaminated site are often too optimistic about their “rights” to compensation. Sometimes, chasing compensation for contamination just throws good money after bad. For example, Terrim Properties Ltd. wanted to build a gaming centre in Castlegar, B.C. Their loan fell…
View the post titled Contaminated site lawsuit: How not to winMOE wins: Kawartha Lakes must pay
innocent victims of contamination now have no defence against a Ministry cleanup order. They will be forced into the civil courts if they hope for any remedy
View the post titled MOE wins: Kawartha Lakes must payPCB in my fish oil?
Are fish oil supplements safe? The Mateel Environmental Justice Foundation doesn’t think we know enough to tell. In March, the Foundation filed a lawsuit against fish oil supplement manufacturers, distributors and retailers, claiming that they fail to give clear warnings, required by Calif…
View the post titled PCB in my fish oil?Receive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.