The 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.

Continue reading “Ontario Court of Appeal confirms broad scope of environmental protection in the Ontario Environmental Protection Act but Supreme Court of Canada hearing pending.”