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

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(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 18
FEDERAL STATUTE CITATION RELEVANT SECTIONS R.S.C. 1985, c. F-14 ss. 34-43, 70, 80 As amended Navigable Waters Protection Act S.C. 1991, c.1 R.S.C. 1952, c.193 As amended ss. 34-43, 80 ss. 19, 20, 21, 28 S.C. 1968/69, c.15 ss. 19, 20, 25, 26 As amended R.S.C. 1985, c. N-22 Canada Water Act S.C. 1969/70, c.52 ss. 21, 22, 27, 28 ss. 2, 8, 16, 28, 29 ,39 As amended R.S.C. 1985, c. C-11 Clean Air Act S.C. 1970/71/72, c.47 ss. 2, 9, 10, 18, 30, 31 ss. 2, 3, 4, 6, 7, 8, 9, 10, 34 As amended Environmental Contaminants Act R.S.C. 1985, c. C-31 S.C. 1974/75/76, c.72 As amended ss. 2, 3, 4, 5, 7, 8, 9, 10, 11, 35 ss. 2, 3, 4, 5, 8, 10, 15, 17, 18 Canadian Environmental Protection Act Canadian Environmental Protection Act, 1999 R.S.C. 1985, c. E-12 R.S.C. 1985, c.16 (4 th Supplement) ss. 2, 3, 5, 7, 9, 10, 17, 19, 24, 29 ss. 2, 3, 4, 7, 8, 11, 15, 17, 18, 32, 33, 34, 35, 36, 39, 40, 53, 54, 57, 58, 60, 64, 65, 87, 99, 100, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 122, 130, 135, 136, 137 S.C. 1999, c.33 ss. 2, 3, 5, 40, 42, 44, 45, 46, 48, 54, 64, 65, 66, 67, 19
Page 5 and 6: Form 4.03B SCHEDULE “A” 2004 Hf
Page 7 and 8: (k) (i) CNR Operations means the ra
Page 9 and 10: (iii) Have lived within the Class B
Page 11 and 12: III. DEFENDANTS (A) Steel Works Def
Page 13 and 14: occupier of the lands in question,
Page 15 and 16: ethybenzene, xylene, phenols and he
Page 17 and 18: year horizon for the effective reme
Page 19 and 20: 42. 34. In 1982, the Defendant Cana
Page 21: Members did not know and were preve
Page 25 and 26: PROVINCIAL STATUTE CITATION RELEVAN
Page 27 and 28: polycyclic aromatic hydrocarbons an
Page 29 and 30: market value of 192 Laurier Street
Page 31 and 32: Ponds Contaminants, with full knowl
Page 33 and 34: Plaintiffs and Class Members. They
Page 35 and 36: Members through the air in the form
Page 37 and 38: (a) (b) (c) The Operational Emissio
Page 39 and 40: (f) (g) (h) Used raw materials, inc
Page 41 and 42: (ii) CNR 116. 101.The Defendant CNR
Page 43 and 44: exercise a sufficient standard of c
Page 45 and 46: Operations (in the case of Domtar)
Page 47 and 48: 133. 109.The Plaintiffs state that
Page 49 and 50: (C) Family Losses: 145. 121.As well
Page 51 and 52: (e) (f) (g) (h) (i) (j)(i) (k)(j) (

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

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