June 24, 2009 - Order re: 4th Amended Statement of Claim - Wagners

ethybenzene, xylene, phenols and heavy metals, all of which represent a human
health hazard.
26. During the period when it ran the By Products Operations, Domtar never installed
emission controls, although Domtar knew that the emissions from the By
Products Operations were toxic and accordingly a danger to the Plaintiffs and
Class Members.
(C) (B) CNR Operations
27. 19. Until 1994, CNR operated the CNR Operations. Those operations were also a
source of contamination of the Sydney Tar Ponds. In the course of its operations,
CNR dumped the CNR Contaminants onto its land, and into the Sydney Tar
Ponds, through two or more outfall pipes leading from its operations to the west
bank of the Sydney Tar Ponds.
28. 20. CNR never took any steps to prevent the Contaminants from escaping from the
lands it owned and/or occupied, although it knew that those substances
presented a danger to the Plaintiffs and Class Members.
V. NATURE OF THE ACTION: EMISSIONS AFFECTING THE NEIGHBOURHOODS
(A)
The Sydney Tar Ponds
29. 21. The Steel Works, By Product Operations and CNR Operations are all situate in
the Muggah Creek watershed. Although originally constructed directly adjacent to
the Muggah Creek, after decades of dumping waste on the tidal flats, the Steel
Plant is now almost a kilometre distant from the present shoreline of what is left
of the tidal estuary. The Coke Ovens Lands are immediately adjacent to the Steel
Plant, and are dissected by the Coke Ovens Brook. Muggah Creek, the Coke
Ovens Brook, and other proximate watercourses or brooks, including the sewers
on the Steel Works site, carried, and continue to carry, contaminated ground and
surface water to the surrounding lands, the Sydney Tar Ponds and the Sydney
harbour.
30. 22. Over time, the people of Sydney have stopped referring to Muggah Creek by its
proper name. Instead, this former tidal estuary is commonly referred to as the
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