Evergreen Community (Burlington) Ltd. brought a motion seeking an interim or interlocutory injunction against FirstCanada ULC to prevent alleged ongoing environmental contamination (LNAPL) from FirstCanada's property onto Evergreen's, and an order for inspection under Rule 32 to conduct groundwater and soil testing.
Evergreen argued the contamination stalled its billion-dollar development project.
The court dismissed both requests, finding that the injunction sought was mandatory and Evergreen failed to meet the strict 'strong prima facie case' test, particularly regarding irreparable harm and the ongoing nature of contamination.
The court preferred FirstCanada's expert evidence that a Record of Site Condition (RSC) or Risk Assessment could be obtained despite existing contamination.
The order for inspection was denied due to procedural unfairness and lack of demonstrated necessity for the upcoming summary judgment motion.
