Millions for offsite gasoline contamination
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site gr…
View the post titled Millions for offsite gasoline contaminationEnvironmental consultant’s negligence claim to proceed
Environmental consultant’s negligence claims for failing to clean up contaminated sites continue to multiply. The Ontario Superior Court recently allowed a professional negligence lawsuit to go ahead against an Ontario environmental consultant, XCG, despite a long delay, which, accord…
View the post titled Environmental consultant’s negligence claim to proceedAlberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissed
Canadian Pacific Railway (CPR) operated a train repair facility, known as the Ogden shops, since the early 1900s in a heavily industrialized area outside Calgary. Over the years, a residential area grew up around the shops. TCE was used as a degreaser in the shops from the mid-1950s to the m…
View the post titled Alberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissedCan investigators be personally liable for the damage they do to their suspects?
The Ontario Court of Appeal has ruled that it is not “plain and obvious” that regulatory investigators owe no duty of care to suspects under investigation. The same logic should apply to environmental investigators: shouldn’t they be personally liable to their suspects, if they misuse …
View the post titled Can investigators be personally liable for the damage they do to their suspects?Regulators of fracking negligent? Alberta case cut down
Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property …
View the post titled Regulators of fracking negligent? Alberta case cut downSunrise Propane explosion – landlords added to class action
Here’s an update on the Sunrise Propane explosion in Downsview, Ontario, and the gradual progress of the class action by the aggrieved neighbours. In July 2012, the Ontario’s Superior Court of Justice certified a class action against all proposed defendants except the Teskey defendants, whic…
View the post titled Sunrise Propane explosion – landlords added to class actionBuyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.
View the post titled Buyer can’t expect compensation for pre-existing contaminationTown liable for negligence re developer's storm sewer
Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such…
View the post titled Town liable for negligence re developer's storm sewerEnviro 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 liableScience, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…
View the post titled Science, proof and causation: when courts and scientists disagreeReceive Blog Posts
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