As our global and national population continues to grow, there are events that naturally follow. For example, in 1950 the population of Toronto was about 1,068,305. By 2021, the population had risen to 6,254,571. That growth means more homes, more good and services, more roads, more parking lots and rooftops. Where rainwater used to fall onto undeveloped areas, it is now collected, channeled, and in too many cases, combined with sanitary sewage. During times of heavy...
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 More$2.5 Million Fine and Potential Uptick in Enforcement
Maintaining rail lines is an essential part of railroad operations. Quickly growing invasive weeds and woody plants can play havoc and is a safety hazard for railroad operations. Vegetation management is commonly achieved by the application of pesticides (pre and post emergent). Maintaining these lines must be done in a manner that is safe and protective of the environment. Environmental Violations Canadian National (CN) Railway was fined for improper application of...
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 MoreSupreme Court of Canada Sides with First Nations
We recently discussed an environmental dispute between Domtar and a First Nations Community that may be headed to court. Another First Nations dispute settled recently in the Nation’s highest court, the Supreme Court of Canada. While the case is not what I thought at first glance (excess water), it is an interesting “history lesson” nonetheless. The Lac Seul First Nation Land Flooded The issue dates back to the 1920s when Canada and the provinces of Manitoba and Ontario...
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