No fault contaminated site liability in Nova Scotia
IMP Group International Inc. appealed unsuccessfully from a Nova Scotia Minister of the Environment Order to study and remediate offsite groundwater contamination that it did not cause.
View the post titled No fault contaminated site liability in Nova ScotiaCan municipal bylaw stop Hydro One Transformer Station?
Can the Municipality of Clarington, Ontario, by bylaw, force Hydro One to submit a groundwater study in order to build a $296 million transformer station, that has been directed to be built by the Ontario Power Authority, and approved by the Ministry of the Environment?
View the post titled Can municipal bylaw stop Hydro One Transformer Station?Millions for offsite gasoline contamination
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site gr…
View the post titled Millions for offsite gasoline contaminationEcojustice successfully defends drought restrictions against MOE/ Nestle
Congratulations to Ecojustice for successfully defending drought restrictions in a water taking permit against the combined forces of the Ministry of the Environment and the giant water bottler, Nestle Canada.
View the post titled Ecojustice successfully defends drought restrictions against MOE/ NestleWill Environmental Tribunal enforce public trust in water?
Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources. Nestle Canada Inc. (“Nestle”) runs Ontario’s largest water bottling operation. They pump groundwater from two different sets of wells …
View the post titled Will Environmental Tribunal enforce public trust in water?Unlimited personal no fault liability for directors and officers?
The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental costs associated with the assets of their former corporation, or of the subsidiaries of that c…
View the post titled Unlimited personal no fault liability for directors and officers?No stay for Order to former officers and directors
The Environmental Review Tribunal has refused to stay a multimillion dollar order to the former officers and directors of a bankrupt company and its parent, pending appeal, whether or not the Ministry of the Environment had jurisdiction to issue the Order.
View the post titled No stay for Order to former officers and directorsBuyer 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 contaminationNew rules for boreholes and other test wells
The Ministry of the Environment is seeking public comment on a draft manual on test holes and dewatering wells. A “test hole” is a type of “well” that is made to obtain information about groundwater, and is not used or intended for use as a source of water for consumption. It includes virtua…
View the post titled New rules for boreholes and other test wellsContaminated 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 winReceive Blog Posts
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