OVERVIEW
Albert Engel will be one of the discussion facilitators at this OBA Environmental Law program.
Event attendees will explore the significance and potential reach and limits of the Courts’ application of (i) section 99 of the Environmental Protection Act and (ii) key principles related to the common law environmental torts in the Huang v. Fraser Hillary’s Limited and Midwest Properties Ltd. v. Thordarson decisions, as well as analyze the outcome of the Ontario Court of Appeal’s decision in Crombie v. McColl on the future of contaminated land litigation and transactions. Gain the opportunity to participate in an in-depth discussion on the potential impacts of these cases, including:
- The breadth of s. 99 as a new statutory cause of action, and the availability of damages for spills that preceded the enactment of s. 99
- The ability to pierce the corporate veil and increase the likelihood of individual liability
- The discovery and diligence requirements imposed upon buyers in the context of contaminated land transactions
- The overall impact of these decisions on future cases involving the classic environmental law torts: nuisance, trespass, strict liability, and negligence cases
