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Follow us on TwitterA storm of controversy erupted amongst Canadian lawyers when the Canadian Bar Association (CBA) decided to intervene in Chevron’s appeal to the Supreme Court of Canada. The appeal is part of Chevron’s battle against Ecuadorian Indigenous peoples who seek to enforce a massive court judgment against the company for environmental damage in Ecuador. Amid increasing pressure, the CBA ultimately decided not to intervene. However, the event speaks to an apparent divide within the legal profession: around the relationship and importance of corporate law principles (such as the corporate veil), corporate accountability, and access to and the administration of justice.
Posts Tagged ‘Environmental litigation’
When in doubt, report: Castonguay Blasting upheld at SCC
October 21st, 2013 by Laura BowmanLast week the Supreme Court of Canada unanimously upheld the Court of Appeal’s decision in the Castonguay Blasting case, which I have previously written about. Despite numerous critics of the Court of Appeal’s decision from the environmental law bar, the Supreme Court made the right decision and upheld the Court of Appeal’s ruling that all discharges of contaminants are reportable under the Ontario Environmental Protection Act.
Continue reading “When in doubt, report: Castonguay Blasting upheld at SCC”
Ontario Court of Appeal confirms broad scope of environmental protection in the Ontario Environmental Protection Act but Supreme Court of Canada hearing pending.
October 18th, 2012 by Laura BowmanThe Supreme Court of Canada recently granted leave to hear an important Environmental Protection Act case. In Ontario (Environment) v. Castonguay Blasting Ltd., 2012 ONCA 165 (CanLII) Castonguay, a construction subcontractor caused fly rock to be flung 90 metres into the air during highway construction near Marmora, Ontario in 2007. The fly rock caused damage to a nearby home and vehicle.
A year later, Castonguay was charged with failure to report the discharge of a contaminant under s.15(1) of the Ontario Environmental Protection Act (EPA). This provision requires reporting of discharges of contaminants likely to cause an adverse effect to the Ontario Ministry of the Environment, (MOE) so that it can be investigated and addressed accordingly.
