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Spill

Appeal Court Rejects Pollution Exclusion in Oil Overflow

In O’Byrne et al. v. Farmers’ Mutual Insurance Company (Lindsay), 2014 ONCA 543, the Ontario Court of Appeal has forced an insurer to pay for a fuel oil cleanup after a spill, despite a pollution exclusion clause. The case involved an “all risks” insurance policy. A tenant inserted a piece of cardboard to bypass a furnace thermostat so [...]

Waterkeepers want notice of sewage bypasses

Congratulations to Lake Ontario Waterkeeper for their innovative application to the Ontario Environmental Commissioner, to force Toronto to give public notice when it bypasses sewage into Lake Ontario due to wet weather- about three times a month. The Environmental Bill of Rights allows anyone to filed a request for review of an existing practice or policy. [...]

London fined $20,000 for wastewater plant spill

The City of London was fined $20,000, plus the 25% victim fine surcharge, for breaching its Ministry of the Environment approval for a wastewater treatment plant, contrary to the Ontario Water Resources Act. The City of London owns and operates the Greenway Pollution Control Centre. The facility treats municipal wastewater prior to discharging into the [...]

Ministry of Transport pays $250,000 for Fisheries Act charges

Ontario's Ministry of Transportation has plead guilty to two charges under the old federal Fisheries Act, and has agreed to pay a $250,000 penalty.The charges were laid by Fisheries and Oceans Canada (DFO), and  relate to sediment released from a Highway 11 construction project near Burks Falls, Ontario, March 30 to April 15, 2011. They [...]

$25,000 fine for unreported waste oil spill

Huron District Contracting Limited was fined $25,000, plus a victim fine surcharge of $6,250, for spilling petroleum hydrocarbons from a waste oil tank.Huron District Contracting does marine construction and excavation near Goderich, Ontario. According to the Ministry of the Environment, "While an employee was moving an above ground storage tank containing waste oil and other products, the [...]

Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order

The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill. This is the first Ontario case where all parties agree that the person ordered to clean up the [...]