Environmental Liability

Bruce McMeekin Law

Can a Sentencing Court Order Officers and Directors of a Convicted Corporation to Complete Probationary Requirements on its Behalf?

An Alberta Queen’s Bench Justice has found that, in exceptional circumstances, it can. In R. v. D&J Isley & Sons Contracting Ltd., the family owned, corporate defendant had been convicted…
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Are There Two Tiers of Criminal Liability for Strictly Regulated Organizations and Their Management Arising From Workplace or Other Operationally Related Fatalities?

On November 14, 2019 the Supreme Court of Canada (“SCC”) released its decision in R. v. Javanmardi in which it simplified the test for wrongful act manslaughter (“manslaughter”). In so doing,…
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OHSA & Other Regulatory Offences: Do Increased Statutory Maximums Translate Into Higher Fines?

In December 2017, the Ontario legislature increased the maximum fines for offences contrary to the OHSA from $25,000 (individuals) and $500,000 (corporations) to $100,000 and $1.5 million, respectively. With an…
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Regulatory Offences: The Rarity of a Jail Sentence is No Reason Not to Order It (and other nuggets from the Court of Appeal for Ontario)

A month after the Court of Appeal for Ontario (“CAO”) re-affirmed deterrence as the primary sentencing factor for regulatory offences, the Court has released a decision that details the interplay…
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Minimum Fines & the OWRA: The Court of Appeal Sets the Bar High For Relief

The Ontario Water Resources Act (“OWRA”) provides for minimum fines for defendants convicted of a number of offences, including ss.30(1): Every person that discharges or causes or permits the discharge…
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Is The Ontario Court of Justice Now A Debt Enforcement Court?

Recently, an Ontario Court Justice found that justices overseeing sentencing hearings under the Provincial Offences Act  (the “POA”) have the jurisdiction, in exceptional cases, to pierce the veil of asset-less…
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Fisheries Act Violations: Landowner and Two Logging Contractors Fined a Total of $600,000 and Ordered to pay $1.6 Million Towards the Protection of Fish Habitat

The streams on Graham Island, located in Haida Gwaii (formerly the Queen Charlotte Islands), are home to pristine habitat for juvenile salmonids including Coho salmon. In 2010, the owner of…
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An Update on Corporations and Unreasonable Trial Delay

Six months after the Supreme Court released its decision in R. v. Jordan rewriting the law governing pretrial delay, there are at least three decisions of the Ontario Court of Justice confirming…
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