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Published on: 30 Jan 2014 By (Dianne Saxe)

Should roadbed slag count as battery recycling?

Waste Diversion Ontario is considering a proposal by Call2Recycle Canada to take over battery recycling from Ontario’s existing Consolidated Municipal Hazardous Solid Waste (CMHSW) diversion program under the Waste Diversion Act, 2002. Ontario’s battery recyclers (including our client)…

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Published on: 27 Jan 2014 By (Dianne Saxe)

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,…

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Published on: 10 Dec 2013 By (Dianne Saxe)

More 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…

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Published on: 21 Nov 2013 By (Dianne Saxe)

Can 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 …

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Published on: 13 Nov 2013 By (Dianne Saxe)

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…

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Published on: 29 Oct 2013 By (Dianne Saxe)

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…

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Published on: 28 Oct 2013 By (Dianne Saxe)

Approvals 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.

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