In our October 18th blog, we shared news of environmental enforcement and that at least one law firm is suggesting there have been larger monetary penalties over the past several years. With Prime Minister Trudeau’s appointment of a former Greenpeace Activist, Steven Guilbeault, to the Minister of Environment and Climate Change, there are new concerns about future policies and enforcement. Construction Firm Pays $100,000 First, more enforcement news. On October 4, 2021,...
Read MoreHistorical Contamination, Responsible Parties, and Lessons
You may have followed the Albert Bloom Limited v. London Transit Commission, 2021 ONCA 74 (CanLII) case earlier this year. It was a fairly small settlement but it was a complicated case involving several parties over decades and centered on trichloroethylene (TCE) contamination that occurred in the 1940s. The lessons from the case (that is summarized below), are about being proactive when you are provided evidence of contamination emanating from your property....
Read MoreOntario Government Broke the Law
On September 3, 2021, The Ontario Divisional Court ruled that the Ontario Government broke the law when it failed to consult with the public as required under the Environmental Bill of Rights (EBR). See Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks), 2021 ONSC 4521 (CanLII). Bill 197 The issue is the passage of Bill 197, COVID-19 Economic Recovery Act (CERA), 2020 without public consultation as required under the...
Read MoreIndigenous Community Prepares for Legal Action
Michipicoten First Nation and Domtar are at odds over an environmental matter that reportedly is affecting the First Nation Community. Michipicoten Preparing for Legal Action against Domtar According to a CBC Report, “An Indigenous community in northern Ontario says it’s preparing legal action against pulp and paper producer Domtar, alleging the company isn’t cleaning up contamination.” The CBC report says that the Michipicoten First Nation is alleging substances from...
Read More“Huge” PFAS Agreement in Ontario
In our May 3, 2021 blog (“PFAS Contamination and Release to Lake Ontario”), we briefly reported on the PFAS contamination from a Department of National Defence (DND) site in North Bay, Ontario. Now, according to North Bay Councillor, Chris Mayne, the City of North Bay and the DND have reached a “huge agreement.” Background Per- and polyfluoroalkyl substances (PFAS) are a group of more than 9,000 chemicals that have been used in consumer and industrial products (including...
Read More