Comments on: Contaminated Sites: 10 Things You Need to Know

By: DSS

DSS — Mon, 23 Jan 2012 12:51:12 +0000

Hi, Billy,
Approvals for recycling industries are highly technical. You should consult a knowledgeable lawyer.
Best wishes
Dianne

By: BILLY HURLBERT

BILLY HURLBERT — Mon, 23 Jan 2012 07:06:42 +0000

Hi I live in Laval, Quebec and looking to recycle roofing asphalt shingle what are the processes to take for recycling and stock piling safely and with out returns on the company GO GREEN CORPATION

By: Jim

Jim — Fri, 11 Mar 2011 20:22:31 +0000

Will do.
Thanks Dianne

By: DSS

DSS — Fri, 11 Mar 2011 16:28:02 +0000

Jim,
Elaine handles all client intake, and would be glad to speak with you. Please call her at 416 962 5009.
Dianne

By: Jim

Jim — Fri, 11 Mar 2011 14:16:30 +0000

Thanks DSS,
I guess we figured that an MOE test would be sufficient, but as I said, certain chemicals were not included in the test that should have been (TCE); the heavy metal numbers were invalid because of improper preservation; and again, why would it have been put through as a "non-drinking well"? Could I talk to you over the phone, Diane?

By: DSS

DSS — Fri, 11 Mar 2011 12:25:27 +0000

Dear Jim,
Your dad should consult a good environmental lawyer. You could also consider testing the well water yourselves.
Best wishes
Dianne Saxe

By: Jim

Jim — Wed, 09 Mar 2011 22:36:39 +0000

My father must sell his 4-acre property which is located about 600 metres from an old dump. This dump operated from 1964 until 1981. It accepted all sorts of waste and we remember seeing large pools of liquid waste and mountains of drums being buried. The toxins from the Mississauga train derailment ended up at this site. We are down-gradient groundwater users. After much insistence the region finally put in a test well on the boundary closest to my dad's well. The well failed -30 years after the dump was closed! My father needs to sell (poor health) but we're not convinced that all is well with our water. The ministry did a test on my dad's well but the chemicals that were found at above acceptable levels at the nearby test well, weren't tested for. Why not? The test was put through as a non-drinking well!! Why would they do that? We're trying to get city water to my dad's place so we can sell. What do we do?

By: evan

evan — Mon, 24 Jan 2011 00:55:47 +0000

how long do the chemicals from the logs at the mill stay in the ground water?

By: Meg

Meg — Wed, 19 Jan 2011 18:52:14 +0000

Just to put it out there … what happens when the "contaminated site" is old run-down housing, with peeling lead paint and/or lead leaching into drinking water from old plumbing?

We now know that permanent harm can ensue when children have blood lead levels far below the "level of concern." These children have behavioural problems and lowered IQ. They are more likely to commit violent crimes, and to develop several costly chronic illnesses. This is expensive for families and society.

Lead was taken out of gasoline and on average that helped to reduce levels. In Canada, we have almost no routine screening of children for lead in their blood, but in the US children continue today to be identified with elevated blood lead levels. In the US the lead industry is being taken to court. Is anything happening in Canada?

By: DSS

DSS — Wed, 22 Dec 2010 15:04:14 +0000

Hi, my twitter account is envirolaw1. Thanks for asking.
Dianne

By: Eddie Alagna

Eddie Alagna — Mon, 20 Dec 2010 23:07:02 +0000

Hey do you a twitter account? I’d love to follow you there because twitter is my favorite social site. If you aren’t there already you might consider it because that’d help you connect with your regular readers in a better way.

By: DSS

DSS — Thu, 16 Dec 2010 15:12:33 +0000

Sorry, Tony, we can\’t give legal advice over the Internet. We suggest you consult a competent environmental lawyer in Vancouver. Best wishes
Dianne

By: Tony Lee

Tony Lee — Thu, 16 Dec 2010 07:54:18 +0000

We are a registered charity (church) in Vancouver that bought a property that had an underground heating oil storage tank, which we removed. In a subsequent mortgage application, we were required by the lender to obtain an environmental certificate. We ended up spending over $100K to remediate the land (remediation by assessment), and obtained a cert of compliance from the BC Ministry of Env. This process also included our adjoining neighbour's property, which is an office building. The neighbour recently sold his property and is claiming damages from us because he had to reduce his selling price, allegedly to reflect the cost of further remediation required (soil removal) that the buyer would have to incur for residential use. Would you be able to assist us on a pro bono basis? Also, would we be able to sue the previous owner from whom we purchased the property?
Tony Lee

By: J Gougeon

J Gougeon — Fri, 27 Aug 2010 02:39:01 +0000

I am a Paralegal student and have used your site a few times for information. Thank you, much appreciated. (do you have any Paralegals on your staff?)

By: Dianne Saxe

Dianne Saxe — Wed, 02 Jun 2010 17:57:22 +0000

Sorry, Sharon. As we’ve mentioned to previous posters, we cannot provide legal advice through the web, or to non-clients.
best wishes
Dianne Saxe

By: Sharon Cranston

Sharon Cranston — Mon, 31 May 2010 20:08:34 +0000

How do I get a land remediation certificate to prove to the financial institutes that my land has been reclaimed and free from contaminents due to a train derailment in 2001. No financial restitution was ever made by rail company.

By: DSS

DSS — Fri, 19 Mar 2010 15:18:06 +0000

Dear Paul,
Thank you so much for the kind words. I would be glad to read the case you referred to on liability apportionment, if you wouldn't mind sending it our way.
all best wishes
Dianne Saxe

By: Paul Nathanail

Paul Nathanail — Fri, 19 Mar 2010 11:49:20 +0000

Thank you for a very accessible summary of the situation in Ontario; Rylands v Fletcher (and more recent cases) is very much to the fore in the UK where I live and work.

The polluter pays and caveat emptor are both strong drivers in the UK; we have also avoided joint&several liability and our liability apportionment rules were recently tested in the courts and upheld.

keep up the good work!

By: DSS

DSS — Sun, 24 Jan 2010 18:49:12 +0000

Dear Wilf,
Thank you so much for your kind comments.
Dianne

By: Wilf

Wilf — Sun, 24 Jan 2010 08:21:52 +0000

A very nice synopsis, from someone who has obviously done a lot of work on and given a lot of thought to this issue.

By: DSS

DSS — Sun, 25 Oct 2009 17:08:51 +0000

Amanda, I am sorry to hear of your troubles. You don't say whether you are looking to hire a lawyer, or looking for pro bono assistance. If you are looking to hire someone, we'll be glad to help. If you are looking for pro bono assistance, you can try Ecojustice or the Canadian Environmental Law Association. We only take pro bono cases for registered charities, sorry.

By: amanda jourdain

amanda jourdain — Sun, 25 Oct 2009 00:48:29 +0000

We are one of the families evacuated from the Couchiching First Nations Saw Mill Contaminated site. We need help INAC tells us we have to move back, that it is safe, we are afraid to. We have five children and have already exposed them to these contaminates by living here for eleven years. Where shall we turn for advice.
Can you help!!! giveadvice us where to turn.
Amanda jourdain