Hazardous waste nonsuit decision
As mentioned last week, we won a rare non-suit motion in the Ontario Court of Justice on three counts, each against three defendants charged with improperly managing hazardous waste at a transfer site, contrary to the Environmental Protection Act. In each case, the Ministry of the Environme…
View the post titled Hazardous waste nonsuit decisionNo, the Endangered Species Act has no teeth
By the time the government's plan can be proven not to work, the highway will be built, and the irreplaceable habitat (and perhaps the entire endangered species) will be gone.
View the post titled No, the Endangered Species Act has no teethConservation Authority gets injunction, wetland protected
Is there real enforcement of conservation authority regulations? Often, no, but that may be starting to change. In Lakehead Region Conservation Authority v. DeMichele, the Ontario Court of Appeal has upheld a permanent injunction preventing a developer from further dredging and filling in a …
View the post titled Conservation Authority gets injunction, wetland protectedPrivate prosecution gets a boost
There is often tension between the public’s right to commence a private prosecution, and the attorney general’s right to take over that prosecution, often in order to drop it. The Ontario Court of Appeal has given a boost to private prosecutors, ruling that they are entitled to have at least…
View the post titled Private prosecution gets a boostNot every spill is an offence
It’s encouraging to see the courts rejecting prosecutions for minor, low fault spills that are quickly and professionally managed.
View the post titled Not every spill is an offenceReceive Blog Posts
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