Category Archives: Environmental Enforcement

The NEB is now accepting Applications to Participate in its hearing of the Energy East Pipeline Project

The National Energy Board (NEB) is now accepting Applications to Participate in its hearing of an application to grant approvals to construct Transcanada’s  Energy East Pipeline. This post gives some details of the project, application to participate and participant funding but does not substitute for … Continue reading

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Largest penalty ever imposed for environmental infractions in Canada

Bloom Lake General Partner Limited was ordered to pay $7.5 million in the Criminal and Penal Division of the Court of Quebec in Montreal today, after pleading guilty to 45 charges under the Fisheries Act, resulting from several incidents including … Continue reading

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The Non-Polluter Pays: Creditor Roulette and Director Liability

In our post dated December 7, 2012, Provincial Clean-up Orders Can be Stayed and Compromised in  Canadian Insolvencies, we discussed the decision of the Supreme Court of Canada in Newfoundland and Labrador v. AbitibiBowater Inc. (Abitibi). That case decided that provincial environmental clean-up orders … Continue reading

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Supreme Court of Canada upholds Castonguay’s conviction for not reporting discharge of fly-rock from blast

Expulsion of fly-rock from a blast was a “discharge” of  a  “contaminant” out of the normal course of events that  should have been reported to  the Ministry of the Environment (MOE) under section 15 of Ontario’s Environmental Protection Act (Act). “Impairment of the … Continue reading

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May 10, 2013 – Kawartha Lakes: Protecting the Environment or Passing the Buck?

Ontario’s Court of Appeal issued its decision in the Kawartha Lakes case on May 10, 2013. The question at the heart of the appeal was whether a clean-up order against the City of Kawartha Lakes under the Environmental Protection Act should be … Continue reading

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December 7, 2012 – Provincial Clean-up Orders Can be Stayed and Compromised in Canadian Insolvencies

In its decision released on Friday December 7 , 2012, the Supreme Court of Canada held that provincial environmental clean-up orders may be “claims” that can be  stayed and compromised under the federal Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”). In Newfoundland … Continue reading

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