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

(g)
Upon determining to abandon the By Products Operations, dispose of the
remaining Domtar Contaminants in a manner to ensure that the Plaintiffs
and Class Members were not further exposed thereto.
123. Domtar breached those duties by:
(a) Abandoning the By Products Operations without properly disposing of the
Domtar Contaminants;
(b)
(c)
(d)
(e)
Knowingly or carelessly dumping the Domtar Contaminants on the Coke
Ovens Lands and into the Sydney Tar Ponds;
Taking no measures to remediate the contamination on the Coke Ovens
Lands;
Providing no warning to the Plaintiffs and Class Members of the escape
of those Contaminants; and
Failing to remediate the contamination that escaped from the Coke Ovens
Lands.
124. The Domtar Contaminants deposited in the Neighbourhoods remain in the
Neighbourhoods, and those deposited in the Sydney Tar Ponds remain there and
continue to migrate to the Neighbourhoods.
125. The past and ongoing release and migration of the Domtar 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. Domtar's
failure to exercise a sufficient standard of care in relation to the toxic emissions
caused or materially contributed to the damages suffered by the Plaintiffs and
Class Members.
(E)
Breach of Fiduciary Duty
126. 106.By virtue of
(a)
(b)
Their ownership and occupation of the lands and facilities from which the
Contaminants were emitted,
Their sole discretion to make decisions regarding the operation of the
Steel Works (in the case of the Steel Works Defendants), the By Products
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