The appellant purchased a property and subsequently discovered it was contaminated with petroleum hydrocarbons that had migrated from the respondents' neighbouring property.
The respondents had a long history of improper waste storage and non-compliance with Ministry of the Environment orders.
The trial judge dismissed the appellant's claims under s. 99(2) of the Environmental Protection Act, nuisance, and negligence, finding that the appellant failed to prove damages and that an existing MOE remediation order precluded statutory recovery.
The Court of Appeal reversed the decision, holding that the MOE order did not bar civil recovery, that restoration costs were the appropriate measure of damages under the EPA, and that the individual respondent was personally liable.
The Court awarded $1,328,000 in remediation damages and $100,000 in punitive damages.
