No one wants to be on the receiving end of an environmental enforcement action. There are often fines involved, sometimes significant fines. Beyond the fines and bad public relations, the cause for the “event” still must be addressed. Below are a couple of recent enforcement events in Ontario. Federal Enforcement in Kitchener According to the Canadian Government, on June 24, 2021, Drewlo Holdings Inc. (in Kitchener, ON) entered into an alternative measures agreement...
Read MoreOffice of Auditor General 2021 Report: Critical of Ontario’s Environmental Management
In our September 21st blog, we shared the news that the Ontario Divisional Court ruled that the Ontario Government broke the law by failing to consult with the public. This obligation to consult with the public is spelled out in the Ontario Bill of Rights. It should be noted that the above criticism and subsequent ruling was with respect to actions taken under Bill 197, the COVID–19 Economic Recovery Act. 2021 Annual Report Critical of Environment Ministry The recently...
Read MoreMore Enforcement and Controversial Trudeau Appointment
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...
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