Environmental liability – beware!
Innocent and blameless property owners may be exposed to significant environmental liability risk. When assessing environmental liability one might think that, if a land owner did not create nor contribute to an environmental spill or contamination, fault and fairness would be taken into consideration before a cleanup order is issued against an otherwise innocent party. In May of 2012, in the case of The Corporation of the City of Kawartha Lakes v. Director, Ministry of the Environment, the Ontario Divisional Court concluded that an innocent party can be held liable for the pollution on their property, even though that pollution was caused by someone else.
From the law firm of BRAZEAU SELLER LLP