The appellant municipality appealed a no-fault remediation order issued by the Ministry of the Environment under s. 157.1 of the Environmental Protection Act following a fuel oil spill that migrated onto municipal property.
The appellant sought to introduce evidence before the Environmental Review Tribunal to prove that others were at fault for the spill, relying on the 'polluter pays' principle.
The Tribunal excluded this evidence as irrelevant to the environmental protection objective of the Act.
The Court of Appeal upheld the Tribunal's decision, confirming that evidence of third-party fault is irrelevant to whether a no-fault order should be revoked.
