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

47. 39. The Steel Works Defendants knew based on the Katz Study (all Steel Works
Defendants), the Havelock Study and the Choquette Study (all Steel Works
Defendants except Ispat and Hawker Siddeley) that the Plaintiffs and Class
Members were coming into contact with the Operational Emissions and Tar
Ponds Contaminants. The Havelock Study and the Choquette Study were
marked restricted and intentionally suppressed from public disclosure.
48. 40. In fact, the Defendants Canada and Nova Scotia have told, and continue to tell,
the Plaintiffs and Class Members that (i) there is no connection between the
Contaminants present on their lands and their respective operations, and (ii) that
the Neighbourhoods are a safe place to live. This is a continuing and ongoing
representation made by each Nova Scotia and Canada
(a)
(b)
by their actions in failing to move the Plaintiffs and Class Members from
their contaminated homes or to remediate their properties, and
by their words such as the various statements to that effect recorded at
the following websites maintained by Nova Scotia: www.gov.ns.ca and
www.tarpondscleanup.ca.
49. 41. None of the Defendants has ever stepped forward to correct Canada or Nova
Scotia in statements that they know to be untrue. None of them has ever advised
the Plaintiffs and Class Members that the Neighbourhoods are contaminated.
None of them has offered or attempted to clean up the Contaminants they
deposited in the Neighbourhoods or to contribute to such a clean-up.
50. 42. Even in agreeing to relocate the residents of Frederick Street in Whitney Pier in
1999, the Defendant Nova Scotia avowed that it was doing so only on
compassionate grounds when, in fact, the serious contamination of those
properties resulting in a direct and immediate health risk to those Class Members
was the basis for that decision.
51. 43. Those Plaintiffs and Class Members who have suffered manifest illnesses were
not made aware of the connection between their exposure to Contaminants and
their injuries. The damages wrought by exposure to toxic emissions are
peculiarly complex, manifesting themselves slowly. The Plaintiffs and Class
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