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

Plaintiffs and Class Members. They continue to seep into the homes of the
Plaintiffs and Class Members.
87. 77. In addition, the Steel Works Defendants are strictly liable for the escape of the
Domtar Contaminants from the By-Products Operations after Domtar abandoned
those operations as the owners or occupiers of the Coke Ovens Lands where the
By-Products Operations were located. Specifically, Ispat and Hawker Siddeley
are is liable for the escape occurring between 1962 and 1967, Nova Scotia and
SYSCO are liable for the escape occurring between 1967 and the present, and
Canada is liable for the escape occurring between 1968 and 1974.
(ii) Domtar
88. The Domtar Contaminants escaped from the By Products Operations in the
following ways, both during the period when Domtar ran the By Products
Operations, and after it abandoned those operations in 1962:
(a)
(b)
(c)
They evaporated from the various facilities used by Domtar to store them,
including the Domtar Tank;
They were dumped on the Coke Ovens lands by Domtar and migrated
through the soil and water to the Sydney Tar Ponds and the
Neighbourhoods; and
They overflowed the Domtar Tank when it rained and migrated through
the soil and water to the Sydney Tar Ponds and the Neighbourhoods.
89. The Domtar Contaminants were carried into the Neighbourhoods by wind, and
spread into the Neighbourhoods through the water and soil. They continue to
migrate onto the property of the Plaintiffs and Class Members. The Plaintiffs and
Class Members continue to inhale, ingest, and to have dermal contact with them.
(iii) (ii) CNR
90. 78. The CNR Contaminants escaped from the CNR Operations in the following ways:
(a)
CNR dumped them into the holding tank under its facility which was
allowed to drain into the Sydney Tar Ponds; and
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