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

(iv) (iii) Conclusion on Trespass
100. 87.The Contaminants released by each of the Defendants as described in
paragraphs 95 99 83-86 above remain on the surface of the lands in the
Neighbourhoods (particulate and dust), and beneath the surface (water and soil).
Those Contaminants were deposited by the Defendants on the lands of Plaintiffs
and Class Members without the consent of Plaintiffs and Class Members. Their
presence accordingly constitutes an ongoing trespass on the land of the Plaintiffs
and Class Members.
(D)
Negligence
101. 88.As set out more particularly below, each of the Defendants owed a duty of care
to each of the Plaintiffs and Class Members in the conduct of their respective
operations. The standard of care owed by the Defendants to the Plaintiffs and
Class Members was elevated in relation to the Contaminants emanating from
each of their respective operations because:
(a)
(b)
(c)
The quality of the environment (i.e., clean air, water and land) is essential
to the well-being of the Plaintiffs and Class Members;
A contaminated environment is inherently dangerous and poses a risk to
human health;
With respect to the Defendants Canada and Nova Scotia, they controlled
and regulated all aspects of environmental and toxic waste management;
and
(c) (d) The Plaintiffs and Class Members have no control over and/or
knowledge in relation to the Contaminants which have and continue to
affect their environment.
(i) The Steel Works Defendants
102. 89.The Plaintiffs and Class Members live(d) and owned property in close proximity
to the Sydney Tar Ponds, and to the Steel Works. Each of the Steel Works
Defendants knew by 1959, as a result of the Katz Study, that:
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