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Waste

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 [...]

Extended Producer Responsibility for Waste

As Ontario works towards its promised new law on waste diversion and recycling, it’s helpful to look at European experience. The European Union has far more experience than Canada in a wide range of Extended Producer Responsibility (EPR) systems for waste such as paper, packaging, batteries, oil, electronics and end of life vehicles. At last [...]

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 [...]

Sydney Tar Ponds Environmental Class Action is over

The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works

Can purchaser of contaminated site sue neighbour?

The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-existing contamination.

Largest Canadian environmental penalty: $7.5 MM

Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the law in 2012. Bloom Lake General Partner Limited pleaded guilty to 45 charges, resulting [...]