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Environmental litigation and enforcement

Wind appeals starting to settle?

Now that the Divisional Court has upheld Ontario's renewable energy approval process, and the decisions of the Environmental Review Tribunal on concerns about adverse health effects, wind appeals are starting to settle. The Tribunal has heard appeal after appeal against renewable energy approvals (REAs) for wind farms, many raising substantially the same health concerns (commonly concerns [...]

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 [...]

Another court refuses to impose minimum environmental fines

I’m glad to see the courts making more use of s. 59(2) to offset the unreasonable harshness that the minimum environmental fine regime can create.

Environmental Tribunal rejects two more anti-wind appeals

The Ontario Environmental Review Tribunal has rejected two more anti-wind appeals, Cham Shan Temple v. Director, Ministry of the Environment (13-140) and County of Lambton v. Director, Ministry of the Environment (14-065). Citing the Divisional Court decisions in Dixon v Director, the Tribunal upheld the renewable energy approvals granted by the Ministry of the Environment to the 10 MW wpd Sumac Ridge [...]

Hazardous waste carrier fined $120,000 + $30,000 VFS

Buckham Transport Limited, a registered carrier of hazardous waste, was recently fined $120,000 following a guilty plea to three offences under the Environmental Protection Act (EPA): Providing false or misleading information to a Provincial Officer; Failing to transport waste to the receiving facility named on manifest; and Failing to comply with a Ministry order. In July [...]

Yes, Ontario lawyers can talk to their experts

Lawyers must work with experts to focus and clearly express their opinion testimony. The lawyer cannot tell the expert what to say, but must ensure that the export report addresses the relevant questions in a clear and comprehensible way that will assist the judge to decide the lawsuit.