Failing to Pay Fines for Environmental Offences Can Come Back to Haunt You
RoryL2020-06-13T00:45:28-07:00Failing to pay fines for environmental offences can impact your sentence for future regulatory violations.
Financial Incapacity – Due Diligence
RoryL2020-06-13T00:45:28-07:00You can't avoid complying with environmental laws or orders or prove due diligence by claiming financial problems.
Firing Worker for Complying with Environmental Laws Can Be Costly
RoryL2020-06-13T00:45:28-07:00An Ontario company was fined $75,000 for firing a worker who reported a spill. Here's what you can learn from this company's mistake.
Inadequate Worker Training Can Be Costly
RoryL2021-10-14T13:35:29-07:00Just providing safety training isn't enough. That training must be adequate or it could cost the company.
Jail Time as a Possible Sentence for Safety Offences
RoryL2020-06-13T00:45:28-07:00An Ontario court's frustration with the failure of fines to improve safety recently sentenced an owner to jail.
Just Being in Management Isn’t Enough for Environmental Liability
RoryL2020-06-13T00:45:28-07:00The Lacombe case shows that just being a member of management or a corporate boardby itselfisnt enough to hold an individual personally liable for the companys environmental offences.
Misconduct in Appealing Environmental Orders Can Be Costly
RoryL2020-06-13T00:45:28-07:00As a recent case shows, companies that engage in misconduct while appealing environmental orders may be forced to pay the costs of the other parties.
Requirements for Certification of a Class Action
RoryL2020-06-12T22:36:29-07:00Here are the requirements for certification of a class action under the primary statutes in each jurisdiction on class action lawsuits.
Delegating OHS Liability to Contractors
RoryL2020-06-12T22:36:20-07:00Heres a chart showing when and to whom you may delegate safety duties under the OHS law of each jurisdiction and the duties of the person subject to the delegation.
Safety Culture Policy Statement
RoryL2020-04-10T08:00:20-07:00A company’s safety culture—that is, its attitude and approach to ensuring workers’ health and safety—has a profound impact on the success of its OHS program. Having a robust safety culture
Termination of Employment and Long Term Disabled Employees
RoryL2020-01-16T18:22:11-08:00One of the most confusing issues for HR Professionals and employers is determining when it is appropriate to terminate the employment of a long-term disabled employee.
WCB Denial of Psychological Injury Claim Bars Discrimination Suit on Same Issue
RoryL2021-08-19T15:04:04-07:00A test lab worker claiming he was racially harassed at work brought 2 cases—one with the WCB for psychological injury and the other with the Human Rights Tribunal for mental illness and racial discrimination.
‘It Was a Mistake’ No Defence for Possessing Illegal Cannabis at Work
RoryL2018-02-23T00:00:00-08:00Screeners find a tinfoil packet containing a small amount of cannabis in the jeans pocket of an offshore platform millwright as he’s boarding a helicopter. The millwright is fired for
$70,000 Fine Imposed for Failing to Comply with Orders on Harassment & Violence
RoryL2017-02-13T00:00:00-08:00An MOL conducted an inspection following an injury suffered by a worker for a security company. The inspector issued 10 orders to the company, requiring it to assess the risks
$80,000 Fine Imposed for Failing to Safely Move Materials
RoryL2016-11-21T00:00:00-08:00An elevator company’s workers were unloading large tower sections from a flatbed truck and putting them in piles to be stored. A boom truck with a nylon sling attachment was
$1 Million Fine Imposed on Mining Company for Fatal Incident
RoryL2016-10-31T00:00:00-07:00A rock-crushing machine at a mining company’s plant got jammed with a broken-off steel moil point inside the crusher. After one failed attempt to remove the moil point, two workers
12 Pillars of a New Canadian Environmental Assessment Framework
RoryL2016-09-29T00:00:00-07:00West Coast Environmental Law compiled the key principles that 30 experts reached consensus on into 12 integrated “pillars” of environmental assessment.
$70,000 Penalty Imposed for PCB Violations
RoryL2016-08-08T00:00:00-07:00A company was convicted of violating the federal PCB Regulations and failing to comply with an Environmental Protection Compliance Order by the continued use of, and failure to store or
$75,000 of $225,000 Penalty for Spill to Go to Impacted First Nation
RoryL2016-05-16T00:00:00-07:00Employees at a pulp and paper mill found a break in a pipeline, which caused about 47 million litres of untreated pulp and paper effluent to flow into a wetland
$80,000 Fine Imposed on Lumber Mill after a Driver Is Killed Unloading a Truck
RoryL2016-05-16T00:00:00-07:00A driver was delivering a tractor trailer of lumber to a lumber mill. He was told to drive to the back of the yard where a lumber mill worker would
$109,000 in AMPs Issued for Runaway Railcar
RoryL2016-03-28T00:00:00-07:00A company left a railcar loaded with asphalt unattended at an industrial plant in Regina, Saskatchewan. Because the railcar’s handbrakes hadn’t been applied, it started to roll away from its
$3 Million Penalty Imposed for Discharges of About 125 Million Litres of Effluent
RoryL2016-03-07T00:00:00-08:00Environment and Climate Change Canada investigated multiple incidents resulting in a company’s discharge of approximately 125 million litres of effluent into the Columbia River between Nov. 28, 2013, and Feb.
$8,400 Fine Imposed after Worker Is Injured by Exploding Tire
RoryL2016-02-22T00:00:00-08:00A worker for a tire ship was repairing a multi-piece rim and tire from an industrial rock bolting machine. After making the repairs, he reassembled and began inflating the tire
$320,000 Penalty Imposed on Paper Mill for Fisheries Violations
RoryL2015-12-28T00:00:00-08:00A paper company notified Environment Canada of a spill of evaporator condensate, a by-product of the mill process and deleterious to fish, into the Madawaska River. During the investigation, the
$80,000 Fine Imposed on Manufacturer after Worker Is Burned
RoryL2015-06-08T00:00:00-07:00A worker at a manufacturing plant was assigned to troubleshoot and repair a machine that was failing to inject plastic into the mold when cycled. He adjusted the temperature to
$130,000 in Fines Imposed on Steel Manufacturer for Two Separate Incidents
RoryL2015-06-01T00:00:00-07:00A processor and manufacturer of steel products pleaded guilty and was fined $130,000 for two separate incidents, four days apart. In the first incident, a worker fell while changing a
$60,000 Fine Imposed for Housekeeping Violation
RoryL2015-05-26T00:00:00-07:00Workers employed at an apartment building construction project were moving metal crown moulding from a swing stage attached to a balcony. They got the moulding onto the balcony but couldn’t
‘Polluter Pays’ Principle Results in Liability for $4 Million in Remediation Costs
RoryL2014-09-11T00:00:00-07:00A recent BC cases shows the polluter pays principle is alive and well when it comes to environmental law and allocating remediation costs.
$60,000 Fine Imposed after Worker Suffers Burns
RoryL2014-06-23T00:00:00-07:00A worker cleaning an extruder machine disconnected the delivery and return hoses but didn’t open the pressure relief valve. So when he removed the pipe from the cooling unit, hot