Directors and officers to be liable for contamination on escheated land?
What happens to contaminated sites when their corporate owner goes bust? Most of them end up escheating to the province, which is increasingly concerned about costs of managing them. Now, Ontario’s...
View ArticleNo stay for Order to former officers and directors
The Environmental Review Tribunal has refused to stay a multimillion dollar order to the former officers and directors of a bankrupt company and its parent, pending appeal, whether or not the Ministry...
View ArticleUnlimited personal no fault liability for directors and officers?
The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental...
View ArticleNo personal environmental conviction without knowledge or participation
When is an individual liable to conviction for a corporate environmental offence? The Ontario Ministry of the Environment has insisted that management personnel are automatically liable for corporate...
View ArticleFor environmental liability, who is an “officer”?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people...
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