Environmental Law

The plaintiff brought a claim for damages against the municipalities for failure to maintain a municipal drain, resulting in flooding of his farm.

The municipalities moved for summary judgment, arguing the claim was barred due to lack of proper notice under sections 79(2) and 111 of the Drainage Act.

The Drainage Referee dismissed the motions for summary judgment regarding notice, finding that the notices provided were adequate despite not being in a prescribed form.

However, the Referee limited the plaintiff's damages to the period after he acquired legal title to the property on September 24, 2013, dismissing claims for damages prior to that date.

The Rideau Valley Conservation Foundation (RVCF) brought a motion to dismiss an appeal seeking the extension of a municipal drain through its property, which is a Provincially Significant Wetland acquired through the federal Ecological Gifts Program.

The RVCF argued that the Drainage Act could not unilaterally direct the alteration of the property due to a Landholding Agreement and federal tax implications regarding a change in use.

The Drainage Referee dismissed the motion, finding that the potential tax consequences under the Income Tax Act did not trigger federal paramountcy or interjurisdictional immunity, and that the Drainage Act is an applicable provincial law that must be complied with.

The Drainage Referee issued procedural directions following a hearing regarding the Hobbs Municipal Drain Outlet Extension.

The Referee addressed a withdrawn proposal to remove the Rideau Valley Conservation Authority as a party and directed the Rideau Valley Conservation Foundation to bring a formal motion regarding its challenge to the Referee's jurisdiction.

The Referee also provided directions to various unrepresented and added parties regarding the filing of claims for damages or assessments for lack of outlet under the Drainage Act, urging them to retain drainage engineers and legal counsel.

The appellant appealed the Ministry of Environment and Energy's decision to deny access to a document entitled 'Operations Division - Delivery Strategy'.

The Ministry claimed the record was exempt under the law enforcement exemption in section 14(1)(c) of the Freedom of Information and Protection of Privacy Act.

The Adjudicator found that the record contained detailed methodologies for investigators and enforcement staff, the disclosure of which would reveal investigative techniques and hinder the Ministry's ability to enforce environmental laws.

The Adjudicator also found that the public interest override in section 23 does not apply to section 14(1)(c).

The Ministry's decision to deny access was upheld.

The City of Toronto received a request under the Municipal Freedom of Information and Protection of Privacy Act for records relating to the environmental contamination of a former gasoline service station.

The City decided to disclose the records.

An affected organization appealed, arguing the records were exempt under sections 10(1)(a) and (b) as third party information supplied in confidence.

The Assistant Commissioner found that while some records contained technical or commercial information, none were supplied in confidence with a reasonable expectation of harm from disclosure.

The appeal was dismissed and the City was ordered to disclose the records.

The appellant submitted a freedom of information request to the Ministry of the Environment for records relating to environmental concerns at a specific property.

The Ministry disclosed approximately 300 pages but withheld four pages under section 19 of the Act, claiming solicitor-client privilege.

The appellant appealed, alleging that the Ministry failed to conduct an adequate search and had tampered with the records.

The adjudicator found the Ministry's search was reasonable and dismissed that portion of the appeal.

Regarding the withheld records, the adjudicator upheld the section 19 exemption for two records containing legal advice and communications for litigation, but ordered the disclosure of the remaining two records, finding them to be purely informational.

The appellant, a non-profit organization, requested access to records regarding municipal and industrial air and water dischargers in non-compliance with environmental limits.

The Ministry of the Environment provided a fee estimate and denied the appellant's request for a fee waiver.

On appeal, the Inquiry Officer found that the issues surrounding non-complying discharges are of public interest and relate directly to public health and safety.

The Inquiry Officer ordered the Ministry to waive the search and preparation charges, but upheld the decision not to waive photocopying and shipping costs.

The appellant, representing the Nuclear Awareness Group, appealed the Ministry of the Environment's decision to deny access to records relating to radioactive waste stored at the Chalk River Nuclear Laboratories.

The Ministry claimed exemptions under the Freedom of Information and Protection of Privacy Act for Cabinet records and intergovernmental relations.

The Inquiry Officer found that the Ministry had custody of the records and upheld the application of the exemptions.

The Inquiry Officer also determined that while there is a compelling public interest in nuclear safety, it did not clearly outweigh the purpose of protecting the free flow of confidential information from federal agencies to the Ministry.

The requester appealed a fee estimate and partial fee waiver by the Regional Municipality of York regarding a request for records relating to the environmental assessment of septic systems.

The Municipality had reduced the fee from $2720 to $675 and waived 50%, resulting in a fee of $337.50.

The Inquiry Officer upheld the fee estimate as being in accordance with the Act and Regulations.

The Inquiry Officer also dismissed the request for a further fee waiver, finding that the Municipality had already absorbed much of the cost and a further waiver would shift an unreasonable burden to the Municipality.

The appellant appealed a decision by the Township of Egremont to deny access to records relating to a tire dump on a neighbouring property.

The Township claimed exemptions under the Municipal Freedom of Information and Protection of Privacy Act for solicitor-client privilege, relations with other governments, and invasion of privacy.

The Inquiry Officer upheld the solicitor-client privilege exemption for certain records and the invasion of privacy exemption for one record and personal identifiers in others.

The Inquiry Officer found no compelling public interest to override the exemptions and ordered the disclosure of the remaining non-exempt records and severed portions.

The appellant requested access to an environmental assessment report regarding a proposed development site from the City of Toronto.

The City and the current property owner opposed disclosure, claiming the third party information exemption under section 10(1) of the Municipal Freedom of Information and Protection of Privacy Act.

The Inquiry Officer found that while the record contained technical information supplied in confidence, the parties resisting disclosure failed to demonstrate a reasonable expectation of harm resulting from disclosure.

The City was ordered to disclose the record.

The Ministry of the Environment and Energy received a request under the Freedom of Information and Protection of Privacy Act for environmental reports relating to a specific property.

The Ministry decided to disclose two reports, but a third party corporation objected and appealed, arguing the records were exempt under section 17(1)(b) as confidential scientific and technical information.

The Inquiry Officer dismissed the appeal, finding that while the reports contained confidential technical information, their disclosure could not reasonably be expected to result in similar information no longer being supplied, because the Ministry has statutory authority under the Environmental Protection Act to compel production of such reports.

A requester sought access to a company's application for a Certificate of Approval to operate a soil recycling facility and the related Ministry file.

The Ministry decided to grant full access to the records.

The company appealed the decision, arguing the records contained exempt third party information under sections 17(1)(a) and (c) of the Freedom of Information and Protection of Privacy Act.

The Inquiry Officer found that the company failed to establish a reasonable expectation of harm from disclosure, as required by the third part of the exemption test.

The Ministry's decision to disclose the records was upheld.

The appellant, a host township for a proposed landfill site, requested access to records relating to the County's waste management master plan and landfill site search.

The County issued a fee estimate of $8,250 and denied the appellant's request for a fee waiver.

On appeal, the Inquiry Officer found that the County failed to provide sufficient evidence to support the search and preparation time claimed in the fee estimate.

Furthermore, the Inquiry Officer ordered a full fee waiver, finding that dissemination of the records would benefit public health and safety regarding the proposed landfill, and that a waiver was fair and equitable in the circumstances.

The Ministry of Environment and Energy received a freedom of information request for an agreement regarding soil contamination clean up.

The Ministry decided to release the agreement, and the affected third party company appealed.

The Assistant Commissioner found that the agreement was negotiated, not 'supplied' by the company, and that its confidentiality expired upon Lieutenant Governor approval.

The company's claims of settlement privilege and potential harm in civil litigation did not satisfy the requirements for exemption under section 17(1) or section 14(1)(f) of the Act.

The Ministry's decision to disclose the agreement was upheld.

The Ministry of Environment and Energy received a request under the Freedom of Information and Protection of Privacy Act for environmental audit reports relating to two properties.

The Ministry decided to disclose the records, and the third-party company that commissioned the reports appealed.

The appellant argued the records were exempt under section 17(1) of the Act and protected by common law solicitor-client privilege.

The Inquiry Officer found that while the records contained technical information supplied in confidence, the appellant failed to demonstrate a reasonable expectation of harm under sections 17(1)(a), (b), or (c).

The Inquiry Officer also held that common law solicitor-client privilege cannot be claimed outside the specific exemptions in the Act.

The Ministry's decision to disclose the records was upheld.

The Ministry of Environment and Energy received a freedom of information request for records submitted by a pulp mill company pursuant to an environmental Control Order.

The Ministry decided to disclose the records, and the company appealed, arguing the records were exempt under section 17(1) of the Freedom of Information and Protection of Privacy Act as their disclosure could prejudice its competitive position or result in undue loss.

The Inquiry Officer dismissed the appeal, finding that while the records contained technical information supplied in confidence, the company failed to provide detailed and convincing evidence that disclosure could reasonably be expected to result in the alleged harms.

The appellant requested access to reports regarding refillable soft drink containers submitted to the Ministry of the Environment.

The Ministry denied access to the monthly reports under the third-party information exemption in section 17(1) of the Freedom of Information and Protection of Privacy Act.

The Commissioner found that while the sales information was supplied in confidence, the ratio information was not, as the Ministry had previously stated that ratio information might be made public.

The Commissioner ordered the disclosure of the ratio reports and the audit reports with the sales information severed.

The requester appealed the Ministry of the Environment's decision to deny access to portions of records relating to the discharge of NDMA from the Elmira water treatment plant.

The Ministry claimed exemptions under sections 13(1) and 18(1)(g) of the Freedom of Information and Protection of Privacy Act.

The Assistant Commissioner found that certain severances containing advice and draft orders were properly exempt under section 13(1).

However, other severances containing statements of apparent solutions and action plans did not qualify as advice or recommendations, nor did they constitute proposed plans, policies, or projects under section 18(1)(g).

The Ministry was ordered to disclose the non-exempt severances to the requester.

The requester appealed the Ministry of the Environment's decision to deny access to environmental reports concerning PCB levels at a specific industrial site.

The Ministry and the affected third party claimed the records were exempt under section 17 of the Freedom of Information and Protection of Privacy Act as scientific or technical information supplied in confidence.

The Commissioner found that while the records contained scientific and technical information, the third party and the Ministry failed to prove the information was supplied in confidence, either implicitly or explicitly.

The Commissioner ordered the release of the records in full.