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October 02, 2015

Rocha v Ontario, Environment and Climate Change

A financial advisor and lender has been personally ordered by the Ministry of the Environment and Climate Change (MOECC) to clean up a contaminated property that he does not own, contaminated by a business he also does not own.

On July 17, 2015, the Environmental Review Tribunal (“ERT”) upheld two Provincial Officer’s Orders against Alberto Rocha.1 Mr. Rocha is a financial advisor, representative and lender to two corporations and their shared principal who own and operate a business at a contaminated property.

The ERT heard Mr. Rocha’s appeal of the Orders between August, 2014 and October, 2014 and rendered its decision nine months later. Since a stay of the Orders was refused, the Orders have operated against Mr. Rocha since August, 2014.

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