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environmental law

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 [...]

$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 [...]

Carnival Shut Down for Air Pollution Health Hazard

In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a “health hazard” under Ontario’s Health Protection and Promotion Act (HPPA). Under section 13(1) of the Act, a public health inspector may order any person to take action, or [...]

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 [...]

Breach of Environmental Order Lands Director in Jail

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.

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 [...]