Dust in the wind: big fine for blowing tailings dust
The recent conviction of Unimin Canada Ltd (R v Unimin Canada Ltd, 2015 CarswellOnt 11640) underscores again the potential regulatory costs of failing to take appropriate preventative measures to ensure compliance with the Environmental Protection Act, RSO 1990, c E.19 (“EPA”)&…
View the post titled Dust in the wind: big fine for blowing tailings dustDeveloper fined for illegal land clearing
After years of litigation, a British Columbia land developer has been personally fined $20,000 for harmful alteration of fish habitat contrary to section 35 of the Fisheries Act. He illegally cleared land and damaged a sensitive fish bearing creek, in order to prepare the land for a subdivis…
View the post titled Developer fined for illegal land clearingRetrial: lower fines for environmental consultant
In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the …
View the post titled Retrial: lower fines for environmental consultantAnother court refuses to impose minimum environmental fines
I’m glad to see the courts making more use of s. 59(2) to offset the unreasonable harshness that the minimum environmental fine regime can create.
View the post titled Another court refuses to impose minimum environmental finesHazardous waste carrier fined $120,000 + $30,000 VFS
Buckham Transport Limited, a registered carrier of hazardous waste, was recently fined $120,000 following a guilty plea to three offences under the Environmental Protection Act (EPA): Providing false or misleading information to a Provincial Officer; Failing to transport waste to the receivi…
View the post titled Hazardous waste carrier fined $120,000 + $30,000 VFSAs minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…
View the post titled As minimum fines get higher, is there a work-around?Second shoe falls: flyrock discharge after Castonguay
If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?
View the post titled Second shoe falls: flyrock discharge after CastonguayA rare pesticide prosecution
Ontario Pesticide Act prosecutions have become infrequent since the Ministry of the Environment stopped having specialized pesticide enforcement staff. It’s hard to know how much actual offences have decreased. The ban on cosmetic uses of pesticides may have helped, and pesticide opera…
View the post titled A rare pesticide prosecutionWhen will Ontario courts refuse to impose minimum environmental fines?
Now that mandatory minimum environmental fines are so high, courts occasionally refuse to impose them. For example, in R v. KIE Farms Ltd., a justice of the peace refused to impose a $25,000 minimum fine on a local farm, even though seepage from its corn silo made a local watercourse toxic…
View the post titled When will Ontario courts refuse to impose minimum environmental fines?Ammonia leak, $25,000 fine
Windsor company, 38 Chatham Street East Ltd., pleaded guilty to discharging anhydrous ammonia into the natural environment, which interfered with the normal conduct of business, contrary to the Environmental Protection Act of Ontario.
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