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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(b)<br />
CNR dumped them onto its lands adjacent to the Sydney Tar Ponds from<br />
whe<strong>re</strong> they migrated through the air, water and soil to the Sydney Tar<br />
Ponds and to the Neighbourhoods.<br />
91. 79. The CNR Contaminants have sp<strong>re</strong>ad into the Neighbourhoods through the air,<br />
water and soil. They continue to migrate onto the property <strong>of</strong> the Plaintiffs and<br />
Class Members. The Plaintiffs and Class Members continue to inhale, ingest,<br />
and to have dermal contact with them.<br />
(iv) (iii) Conclusion on Strict Liability and Nuisance<br />
92. 80. Each <strong>of</strong> the Defendants is accordingly strictly liable given that it, in pursuit <strong>of</strong> its<br />
own inte<strong>re</strong>sts, <strong>re</strong>leased, di<strong>re</strong>cted the <strong>re</strong>lease <strong>of</strong>, or acquiesced in the <strong>re</strong>lease <strong>of</strong><br />
Contaminants c<strong>re</strong>ating an abnormally dangerous and pervasive risk to the health<br />
and welfa<strong>re</strong> <strong>of</strong> the Plaintiffs and Class Members. The risk c<strong>re</strong>ated by all <strong>of</strong> the<br />
Defendants has materialized <strong>re</strong>sulting in di<strong>re</strong>ct and consequential damages to<br />
the property and health <strong>of</strong> the Plaintiffs and Class Members.<br />
93. 81. Further, the past and ongoing <strong>re</strong>lease <strong>of</strong> Contaminants by all <strong>of</strong> the Defendants<br />
from lands they own and/or occupy or from lands which they owned and/or<br />
occupied in the past has substantially and un<strong>re</strong>asonably interfe<strong>re</strong>d with the<br />
Plaintiffs' and Class Members' use and enjoyment <strong>of</strong> their lands and p<strong>re</strong>mises.<br />
In addition to causing extensive property damage, exposu<strong>re</strong> to the Contaminants<br />
has c<strong>re</strong>ated widesp<strong>re</strong>ad adverse health consequences and risks to the Plaintiffs<br />
and other Class Members. Accordingly, the Defendants a<strong>re</strong> liable in nuisance.<br />
(C)<br />
T<strong>re</strong>spass<br />
94. 82. All <strong>of</strong> the Defendants a<strong>re</strong> liable in t<strong>re</strong>spass in that each <strong>of</strong> them has discharged<br />
Contaminants, without the Plaintiffs' and Class Members' consent, onto lands<br />
owned by the Plaintiffs and Class Members as further particularized below.<br />
(i) Steel Works Defendants<br />
95. 83. Between 1928 and 1967, Ispat emitted the Operational Emissions and Tar Ponds<br />
Contaminants from the Steel Works. These emissions we<strong>re</strong> deposited on the<br />
lands in the Neighbourhoods owned and/or occupied by the Plaintiffs and Class<br />
30