Enviro West v Copper Mountain, everyone is liable
A long running lawsuit over liability for PCB wastes may finally be over. In Enviro West Inc v. Copper Mountain Mining Corp. a waste hauler, Enviro West, unknowingly picked up waste oil highly contaminated with PCBs and mixed it with uncontaminated oil, resulting in substantial damages. At …
View the post titled Enviro West v Copper Mountain, everyone is liablePesticides, good news and bad
The good news: What ever happened to spray drift? We used to get frequent reports on prosecutions and civil suits relating to damage caused by spray drift onto trees, gardens, and fields. Now, such problems seem much less common. Why?
View the post titled Pesticides, good news and badMine or hauler: Who's responsible for Waste PCB Oil?
In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn’t realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with ot…
View the post titled Mine or hauler: Who's responsible for Waste PCB Oil?Environmental causes of action
The recent Court of Appeal decision in Smith v Inco is requiring Canadian environmental lawyers to carefully rethink environmental causes of action–who can sue who for what? How can Smith v. Inco be reconciled with St. Lawrence Cement v. Barrette? (Different type of nuisance). Why can non-to…
View the post titled Environmental causes of actionSunrise Propane good for lawyers
As landlords are not generally liable for their tenants' torts, it will be very surprising if the Sunrise class action is certified against them.
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