Ecojustice asks Commissioner to improve contaminated sites law
The farther we move away from the “polluter pay” principle, the greater the disarray in Ontario’s contaminated sites law and policy, and the greater its economic and environmental harm. The Ontario Bar Association is working on a submission to the Law Commission of Ontario,…
View the post titled Ecojustice asks Commissioner to improve contaminated sites lawTribunal cracks down on non-expert anti-wind “experts”
Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propo…
View the post titled Tribunal cracks down on non-expert anti-wind “experts”Ruling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
View the post titled Ruling: Wind turbine approvals comply with the CharterKudos to Environmental Commissioner
Our congratulations to Ontario’s Environmental Commissioner for three more excellent reports: 2012/2013 Annual Report: Serving the Public A Review of Ontario’s Weakened Protections for Species at Risk (Special Report, Nov. 2013) Building Momentum:Annual Energy Conservation Progre…
View the post titled Kudos to Environmental CommissionerMore on killing birds with buildings as an environmental offence
Ecojustice has settled its bird-killing prosecution against the Menkes Developments (Consilium Place) office complex. As described in a previous post, Ecojustice (as counsel for Ontario Nature) charged Menkes with environmental offences. They proved that these buildings were unusually danger…
View the post titled More on killing birds with buildings as an environmental offenceCan investigators be personally liable for the damage they do to their suspects?
The Ontario Court of Appeal has ruled that it is not “plain and obvious” that regulatory investigators owe no duty of care to suspects under investigation. The same logic should apply to environmental investigators: shouldn’t they be personally liable to their suspects, if they misuse …
View the post titled Can investigators be personally liable for the damage they do to their suspects?For environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Baker (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 settledApprovals Modernization spreads to Public Lands Act
The trend towards “modernization of approvals” (otherwise known as “permit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act.
View the post titled Approvals Modernization spreads to Public Lands ActGood news: updated Ontario noise guideline
After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts. “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 o…
View the post titled Good news: updated Ontario noise guidelineReceive Blog Posts
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