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Environmental litigation and enforcement

Fisheries Act private prosecution goes ahead

As we wrote earlier, in December 2014 Marilyn Burgoon received approval to bring a private prosecution against Executive Flight Centre Fuel Services and the Province of British Columbia for violations of the Fisheries Act related to a large fuel spill into a sensitive creek. The province took no enforcement action relating to the spill, likely because of its own [...]

Cheese whey spill: $80,000 fine

Even seemingly innocuous substances, like human food and drink, can be hazardous to the natural environment. And spills of food and drink must be reported. Silani Sweet Cheese Limited manufactures a cheese at a facility in Bradford, West Gwilliumbury. In January 2013, ricotta cheese whey overflowed from a silo at the site. Although the discharge [...]

Even brief discharges must be reported

Metcan Industries, which manufactures synthetic slag products, was convicted of  failing to report a discharge of particulate that lasted "a couple of minutes". The company was fined $10,000 plus the $2,5000 victim fine surcharge, under the Ontario Environmental Protection Act.(It is unclear from the Ministry of the Environment and Climate Change News Release why the company [...]

$350,000+ fine for cement plant dust and noise

Essroc Canada Inc. was fined $350,000, plus the victim fine surcharge of $87,500, for dust and noise from its cement manufacturing facility near Picton. The fine was suggested jointly by the company and by the Ontario Ministry of Environment and Climate Change. Essroc pleaded guilty to discharging dust on three days and to emitting too much noise for several months, contrary [...]

Oslo Principles on Climate Change: Governments are Breaching Legal Duties

A group of preeminent international jurists  have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing so little about climate change. The purpose in drafting the Principles was [...]

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 [...]