The company was ordered to pay restitution, plus a $120,000 fine. It didn't pay...The officer/director was personally fined $5,000 and sentenced to five days in jail.
Every four years, Ontario lawyers elect their governing body, known as "benchers". This week, Ontario bencher elections are underway again. To all my colleagues at the bar, please vote. And please consider re-electing my colleague and friend, Jeffrey Lem. Jeffrey is the Director of Titles, an excellent real estate solicitor with both public and private [...]
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. [...]
Today, Premier Wynne announced that Ontario is finally going ahead to implement a cap and trade system for carbon emissions, in cooperation with Quebec and perhaps California. Ontario originally promised to join Quebec, California and others in the Western Climate Initiative in 2008, but has since fallen behind. Since December, the WCI has conducted two auctions of [...]
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 [...]
A knowledgeable reader writes: "Dear Diane, ...Reading through the various "Environmental Law and Litigation" articles excellently written by your staff, I'm increasingly frustrated by the universal failure throughout the industry to recognize a very serious flaw at the root of environmental site assessments/cleanups and it is one that has serious consequences for all involved, particularly [...]