Directors And Officers Beware: Recent Ontario Decision Further Extends Responsibility For Environmental Issues

Corporate directors and officers may be held personally liable under the Ontario Environmental Protection Act ("EPA") for wrongdoings of the corporation unless they are able to provide substantial evidence that they were not involved in management of the corporation. The recent decision of the Ontario Environmental Review Tribunal (the "Tribunal") in Currie v. Director (Ministry of the Environment) ("Currie"), reinforces earlier decisions indicating that directors will be held to a high standard of presumed awareness about, and responsibility for, environmental problems, regardless of whether the director has a sophisticated understanding of the operations of the business.

History of Ministry Involvement