Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land
The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the “Contaminated Property”). CN Railway Company v…
View the post titled Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated LandPriestly Demolition fined $70,000 for Spill and Failure to Report
The defendant, Priestly Demolition Inc. caused chlorine gas to be discharged into the environment when an employee operating a magnetic grapple attempted to move old pressurized gas cylinders. During the move, a valve snapped releasing the gas. The employee experienced a burning sensation an…
View the post titled Priestly Demolition fined $70,000 for Spill and Failure to ReportShell fined $500,000, pays $200,000 to First Nation following 2013 spill
In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effec…
View the post titled Shell fined $500,000, pays $200,000 to First Nation following 2013 spillBoundary trees: sometimes good fences don’t make good neighbours
The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. Earlier this year, the Ontario Superior Court of Justice was again asked to untangle a boundary tree-related dispute between two Toronto n…
View the post titled Boundary trees: sometimes good fences don’t make good neighboursSydney Tar Ponds Environmental Class Action is over
The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works
View the post titled Sydney Tar Ponds Environmental Class Action is overHerbicide Spray Drift a “Normal” Farm Practice?
Organic farmers in Nova Scotia filed a lawsuit against a neighbouring farm for damages allegedly caused by a herbicide which drifted onto their property. In particular, the plaintiffs claimed that the herbicide caused damage to their crops, the miscarriage of four horses, and personal injury…
View the post titled Herbicide Spray Drift a “Normal” Farm Practice?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 contaminationAlberta 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 dismissedAntrim: Supreme Court gives compensation for nuisance when highway moved
The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …
View the post titled Antrim: Supreme Court gives compensation for nuisance when highway movedBuyer 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 contaminationReceive Blog Posts
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