Last week, the Ontario Court of Appeal denied leave to appeal from the Divisional Court's decision in Hamilton Beach Brands Canada, Inc. v Ministry of the Environment.1
We previously reported that the Divisional Court upheld the Ontario Ministry of the Environment, Conservation and Parks ("MECP") Director's jurisdiction to issue Orders requiring off-site environmental investigation.
The upshot of Hamilton Beach is that Ontario Environmental Protection Act, s. 18 no-fault Orders requiring off-site environmental investigation are permitted even where the Orderee did not have any association with the polluting activity aside from the Orderee's current or former ownership and/or occupation of the contaminated source property.
Footnotes
1 14 CELR (4th) 137 (Ont ERT) aff'd 2018 ONSC 5010 (Div Ct); Decision issued September 4, 2018.
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