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Environmental litigation and enforcement

Expert Evidence at the Environmental Review Tribunal

Dianne spoke last week at the Ontario Bar Association seminar on Using Environmental Experts Effectively at the Ontario Environmental Review Tribunal. Here is a copy of her presentation: Experts at Environmental Review Tribunal. In theory, expert evidence at the Tribunal is governed by much the same rules as in the civil and criminal courts, and should [...]

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 [...]

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 [...]