The appellants appealed a decision of the Environmental Review Tribunal upholding a Director's order under s. 18 of the Environmental Protection Act.
The order required the appellants, as owners or former owners/occupiers of a contaminated source property, to delineate contamination that had migrated to off-site properties.
The appellants argued s. 18 was limited to future events and on-site remediation, contrasting it with the fault-based s. 17.
The Divisional Court dismissed the appeal, finding the Tribunal's broad interpretation of s. 18—that it permits off-site orders and applies to existing, ongoing, and future adverse effects—was reasonable and consistent with the modern principles of statutory interpretation.
