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ARTICLE · 26 APRIL 2016

No Fault Orders And The Potential Liability Of Realtors

Miller Thomson
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This case is one in a series in which the MOECC has extended its regulatory reach under the guise of "management or control".

CanadaEnvironment
John Tidball
John Tidball
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The potential liability of a real estate brokerage for the cleanup of contamination at one of its listed properties has demonstrated, once again, the challenges faced by the Ontario Ministry of the Environment and Climate Change ("MOECC") in exercising judgement in the issuance of "no fault" compliance orders. It also begs the question of whether the Ontario Environmental Review Tribunal ("ERT") ought to revisit the tempering of no fault orders with a consideration of fairness.

An order issued to a real estate brokerage and its two directors in March 2015 has recently been revoked by the Director of the MOECC, and the proceedings dismissed by the ERT, on the basis that the Order was fully complied with by two other parties.1 A related order to pay costs and expenses issued by the Regional Municipality of Niagara ("Niagara") in September 2015 has also recently been revoked as against the brokerage and its directors.2 The twin revocations ended a year-long saga for

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