Northstar Directors Liability To Be Decided By Environmental Tribunal

The Ontario Superior Court will not take over the hearing of the appeal of the former Northstar directors against their personal cleanup order for TCE contamination in Cambridge Ontario.

The former directors applied to the Commercial List of the Superior Court of Justice to change the venue of the appeal from the Environmental Review Tribunal to the  Commercial Court, which handled the Northstar insolvency/bankruptcy. According to Justice  Geoffrey Morawetz,  his court might have jurisdiction to decide whether officers and directors of insolvent companies could face personal environmental cleanup costs, but only if the case came before him as part of an insolvency law  plan of  compromise or arrangement.  The Northstar insolvency was handled through a different process, a court approved sale, a process that is now complete: