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Inside Internal Controls

News and discussion on implementing risk management

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Environmental Protection Act

Section 99 of the Environmental Protection Act: Ontario Courts continue to clarify its scope and power

In Huang v Fraser Hillary’s Limited, the Ontario Superior Court of Justice confirmed that plaintiffs can rely on section 99 of the Environmental Protection Act—a section enacted in 1985—to claim damages for spills which occurred before section 99 was enacted. The Court’s discussion in this case provides helpful guidance on the possible reach and limitations of the so-called “spill action” legislation.

 

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Verdict in Sunrise Propane gas explosion case

A series of explosions at Sunrise Propane’s north Toronto operation in 2010 resulted in the deaths of an employee and a firefighter, forced thousands of nearby residents from their homes and caused millions of dollars in damage. In the aftermath, the company failed to comply with various provincial officer’s orders under the EPA, and at trial the Ontario Court of Justice found the company failed to properly train the employee who died and failed to take reasonable precautions to prevent the explosions under the Occupational Health and Safety Act

 

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