June 24, 2009 - Order re: 4th Amended Statement of Claim - Wagners
June 24, 2009 - Order re: 4th Amended Statement of Claim - Wagners
June 24, 2009 - Order re: 4th Amended Statement of Claim - Wagners
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year horizon for the effective <strong>re</strong>mediation, and, appa<strong>re</strong>ntly, the plan still does not<br />
add<strong>re</strong>ss the individual needs and claims <strong>of</strong> the Plaintiffs and Class Members.<br />
(B)<br />
The Contamination Of The Neighbourhoods<br />
34. 26. In addition to their joint and several <strong>re</strong>sponsibility for the accumulation <strong>of</strong><br />
Contaminants in the Sydney Tar Ponds, each <strong>of</strong> the Defendants knowingly and<br />
continuously, during the period when it operated the Steel Works (the Steel<br />
Works Defendants), the By Products Operations (Domtar) and the CNR<br />
Operations (CNR), emitted the Contaminants di<strong>re</strong>ctly, without due <strong>re</strong>gard for the<br />
Plaintiffs and Class Members, into the ambient air as fine particulates amenable<br />
to inhalation, and into the waters and lands <strong>of</strong> the Neighbourhoods.<br />
35. 27. The Contaminants emitted by<br />
(a)<br />
(b)<br />
each <strong>of</strong> the Steel Works Defendants when they operated the Steel Works,<br />
and<br />
Domtar when it operated the By Products Operations, and<br />
(c) (b) CNR when it operated the CNR Operations,<br />
<strong>re</strong>main on the properties <strong>of</strong> the Plaintiffs and Class Members, and throughout the<br />
Neighbourhoods in the surface water, ground water, and in or on the soil in the<br />
Neigbourhoods Neighbourhoods. These Contaminants have migrated and<br />
continue to migrate throughout the Neighbourhoods. P<strong>re</strong>vailing climatological<br />
conditions, including p<strong>re</strong>cipitation and p<strong>re</strong>vailing winds, and various human<br />
activities at play in the affected a<strong>re</strong>as, including industrial activity, vehicular<br />
traffic, human foot traffic, and construction activity continue to cause these<br />
al<strong>re</strong>ady widely dispersed Contaminants to migrate into, inter alia, the Plaintiffs'<br />
and Class Members' property and homes.<br />
36. 28. The Canadian Ministry <strong>of</strong> the Environment and the Canadian Council <strong>of</strong> Ministers<br />
<strong>of</strong> the Environment (CCME) has classified a number <strong>of</strong> carcinogens and "priority<br />
substances" (defined as such since they "may be harmful to the environment or<br />
constitute a danger to human health"). Many <strong>of</strong> the compounds customarily<br />
associated with steels works and coke ovens operations we<strong>re</strong> among these<br />
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