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Contaminated sites

Directors of real estate agent liable for contaminated site?

How far can no-fault liability for contaminated sites go? The Ontario Ministry of Environment and Climate Change has issued a cleanup order to (among others) the accountant who held a power of attorney to sell a contaminated site for an overseas client, and the directors of a real estate company that listed the property for sale. [...]

Retrial: 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 fines imposed on geo-environmental firm Bruce A. Brown Associates [...]

Kawartha oil spill cost recovery litigation drags on

City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,691 in cleanup costs, arguing that [...]

Financial Assurance for contaminated sites

It should no longer be a surprise for a CPU, based on active risk management measures, to include at least a modest amount of financial assurance.

Province and Feds Sign Great Lakes Act again

The Ontario and federal governments have signed the latest (8th) version of the Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health (2014 COA). The purpose of this agreement is to implement Canada’s commitments to protect the Great Lakes made in partnership with the United States under the Canada-United States Great Lakes Water Quality [...]

Supreme Court hears Chevron Ecuador pollution appeal

Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron's Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lusitande Yaiguaje, et al., Supreme Court of Canada File No. 35682. Although substantial pollution [...]