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Environment • Aboriginal • Energy

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September 28, 2017

The Due Diligence Defence: Your Bridge Over Troubled Water

Toronto based construction company 2280577 Ontario Inc. (228) was one of four separate companies involved in the construction of a large solar farm in the Hamilton Township area.  Sub-contracting arrangements between the four companies made 228 responsible for implementing specific stormwater management and erosion/sediment control plans (Management Plans).

While all four companies were charged with environmental offences related to stormwater discharge, the MOECC dropped the charges against the three other companies on the basis that each had a potential due diligence defence.  228 was fined a hefty $600,000.

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