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

(f)
(g)
(h)
to ensure that Contaminants present on the lands CNR owned and/or
occupied were adequately contained so as to prevent the Plaintiffs and
Class Members from coming into contact with those Contaminants;
in the event that escape was detected, to warn the Plaintiffs and Class
Members; and
in the event of escape, to remediate the contamination which escaped
from the property it owned and/or occupied.
118. 103.CNR breached those duties by:
(a) Taking no or inadequate steps in the course of the CNR Operations to
contain or properly dispose of the CNR Contaminants;
(b)
(c)
(d)
(e)
(f)
(g)
Knowingly or carelessly dumping the CNR Contaminants onto its lands
and into the Sydney Tar Ponds;
Failing to monitor the Contaminants present on the land or transported to
its land to ensure there was no escape;
Failing to remediate the contamination on its land or to require the Steel
Works Defendants or Domtar to remediate the contamination on its
property;
Failing to ensure that the contamination did not escape from the land it
owned and/or occupied;
Providing no warning to the Plaintiffs and Class Members of the escape
of those Contaminants; and
Failing to remediate the contamination escaped from the property it
owned and/or occupied.
119. 104.As a result, the CNR Contaminants deposited in the Neighbourhoods remain in
the Neighbourhoods, and the CNR Contaminants remaining in the Sydney Tar
Ponds continue to migrate to the Neigbhourhoods Neighbourhoods from the
Sydney Tar Ponds.
120. 105.The past and ongoing release and migration of Contaminants into the ambient
air, land and water of the Neighbourhoods has caused, and continues to cause
damage to the Plaintiffs and Class Members as pleaded herein. CNR's failure to
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