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

(c)
"By Products Operations" means the facilities located on the Coke Ovens
Lands where Domtar refined and stored coal tar, the approximate location
of which is marked as “BPO” on Schedule "B" hereto.
(d) (b) "Canada" means the Queen in right of Canada, the Attorney General of
Canada, the former Cape Breton Development Corporation and all of
their agencies, departments, contractors, subcontractors, agents,
servants, employees, assigns, appointees or partners.
(e) (c) "Choquette Study" means a study of the emissions from the Steel Works
commissioned by the defendant Canada and completed in or about 1974
which concluded that the emissions from the Steel Works exceeded
guidelines including the National Ambient Air Quality Guidelines and were
impacting Class Members and their property.
(f) (d) "Class Boundaries" are provisionally described, subject to refinement as
the area within a 3.5 mile radius around the Steel Plant, Coke Ovens and
Muggah Creek. The centre point from which the 3.5 mile radius is
calculated is the centre of Victoria Road at the centre of the intersection
of Victoria Road and Laurier Street in Whitney Pier and is shown as “X”
on Schedule “B” hereto. The 3.5 mile radius includes all of the inhabited
areas within the historical boundaries of the City of Sydney, Edwardsville,
Westmount and includes part of Sydney River, South Bar, Mira Road,
Alexandra Street, Lingan Road and Grand Lake Road.
(g) (e) “Class” or "Class Member" means either a Property Owner Class Member
or a Residential Class Member.
(h) (f) "Class Period" means the period from 1957 to the present.
(i) (g) "CNR" means the Canadian National Railway Company.
(j) (h) "CNR Contaminants" means those chemicals and materials used and
emitted by the CNR Operations, including oil, petroleum hydrocarbons,
PCB's, PAH's and varsol.
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