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

(a) The nature of their own operations including the materials used therein
and their lack of any emissions controls (all Defendants)
(b) the results of the Katz Study and the data underlying it (all Steel Works
Defendants),
(c) the results of the Havelock Study and the data underlying it (all Steel
Works Defendants except Ispat and Hawker Siddeley)
(d) the results of the Choquette Study and the data underlying it (all Steel
Works Defendants except Ispat and Hawker Siddeley),
(e) the results of the Band and Camus Study (all Defendants),
(f) the Hickman letter (all Defendants), and
(g) the toxic nature of the contamination contained in the Sydney Tar Ponds
(all Defendants)
none of the Defendants has taken any steps to remediate the lands in the
Neighbourhoods, or to prevent the Class Members from having further contact
with the Contaminants. Accordingly, the exposure of the Plaintiffs and Class
Members to the Contaminants, and the harm caused thereby remains ongoing.
58. 49. The Defendants Nova Scotia and Canada failed to take such steps or apply such
legislation, regulations and guidelines as their mandates, and the "polluter pay
principle", required in order to prevent (or attempt to prevent), the continued
inhalation, ingestion and dermal exposure to the Contaminants, causing
extensive and severe damage to the Plaintiffs’ and Class Members' health and
property. The duties owed by the Defendants were informed by the
environmental statutory framework in which they operated. Specifically, the
federal legislation applicable through the Class Period includes:
FEDERAL STATUTE CITATION RELEVANT SECTIONS
Fisheries Act R.S.C. 1952, c.119
ss. 33, 60, 61, 62, 67
As amended
S.C. 1960/61, c.23
ss. 33, 56, 62
As amended
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