Tag Archives: contaminated land

Contaminated Land: OCA appeal decision in Huang raises as many questions as it answers

The Court of Appeal for Ontario’s recent decision in Huang v. Fraser Hillary’s Limited, 2018 ONCA 527 creates interesting and important implications for the tort of nuisance in the context of environmental contamination as well as for the statutory tort under … Continue reading

Gallery | Tagged , , , | Leave a comment

Midwest respondents refused leave to appeal to the Supreme Court of Canada

We reported in our post: Ontario Court of Appeal Extends D&O Personal Liability for Corporate Contamination to Civil Actions in January, on the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v. Thordarson The case was an action by a landowner for … Continue reading

Gallery | Tagged , , , , , | Leave a comment

D&O liability for contaminated company property: Rocha revisited

As promised in our post Personal environmental liability for company property: Ontario’s ERT widens the net we have taken some time to review and reflect on the Environmental Review Tribunal’s decision and reasons  “Rocha“. We set out our observations below. The Decision The … Continue reading

Gallery | Tagged , , , , , , , , , , | Leave a comment

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

Gallery | Tagged , , , , , , , , , , | Leave a comment