The Director of the Ministry of the Environment appealed a decision of the Environmental Review Tribunal that revoked remedial orders against a former corporate officer (Lee) and an innocent current property owner (Montague) regarding historical contamination.
The Divisional Court allowed the appeal regarding Lee, finding the Tribunal erred in law by applying too narrow a test for 'management or control' and failing to consider his liability for waste removal.
The appeal regarding Montague was dismissed, as the Tribunal correctly found she did not cause or permit the discharge and properly exercised its discretion on fairness grounds to relieve her of financial responsibility for the cleanup.
