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

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(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. 2
(k) (i) CNR Operations means the railway, railway terminus and maintenance facility located on or adjacent to the lands now occupied by the Sydney Tar Ponds which were operated by CNR until approximately 1994. (l) (j) "Coke Ovens" means the facility formerly located within the Class Boundaries at which coke was produced for use in the Steel Plant, which was located on the Coke Ovens Lands, the location of which is within the green boundaries shown on Schedule "A” hereto. (m) (k) "Coke Ovens Lands" means the lands formerly occupied by and surrounding the Coke Ovens, and located within the green boundaries shown on Schedule "A" hereto. (n) (l) "Contaminants" means the Operational Emissions, the Domtar Contaminants, the CNR Contaminants and the Tar Ponds Contaminants. (o) (p) (q) "Domtar" means Domtar Inc., formerly Dominion Tar and Chemical Company Limited. "Domtar Contaminants" means the materials used and produced in the By Products Operations including petroleum hydrocarbons, polycyclic aromatic hydrocarbons, benzene, toluene, ethybenzene, xylene, phenols and heavy metals including lead, arsenic and cadmium. "DOSCO" means Ispat Sidbec Inc. (r) (m) "Havelock Study" means a study of the emissions from the Steel Works commissioned by the Defendant Canada and completed in or about 1973 which concluded that the emissions from the Steel Works were impacting Class Members and their property and that significantly reduced emissions levels were necessary to insure acceptable levels of ambient air quality. (s) (t) "Hawker Siddeley" means Hawker Siddeley Canada Inc., formerly known as Hawker Siddeley Canada Limited. "Ispat" means Ispat Sidbec Inc. 3
Page 5: Form 4.03B SCHEDULE “A” 2004 Hf
Page 9 and 10: (iii) Have lived within the Class B
Page 11 and 12: III. DEFENDANTS (A) Steel Works Def
Page 13 and 14: occupier of the lands in question,
Page 15 and 16: ethybenzene, xylene, phenols and he
Page 17 and 18: year horizon for the effective reme
Page 19 and 20: 42. 34. In 1982, the Defendant Cana
Page 21 and 22: Members did not know and were preve
Page 23 and 24: FEDERAL STATUTE CITATION RELEVANT S
Page 25 and 26: PROVINCIAL STATUTE CITATION RELEVAN
Page 27 and 28: polycyclic aromatic hydrocarbons an
Page 29 and 30: market value of 192 Laurier Street
Page 31 and 32: Ponds Contaminants, with full knowl
Page 33 and 34: Plaintiffs and Class Members. They
Page 35 and 36: Members through the air in the form
Page 37 and 38: (a) (b) (c) The Operational Emissio
Page 39 and 40: (f) (g) (h) Used raw materials, inc
Page 41 and 42: (ii) CNR 116. 101.The Defendant CNR
Page 43 and 44: exercise a sufficient standard of c
Page 45 and 46: Operations (in the case of Domtar)
Page 47 and 48: 133. 109.The Plaintiffs state that
Page 49 and 50: (C) Family Losses: 145. 121.As well
Page 51 and 52: (e) (f) (g) (h) (i) (j)(i) (k)(j) (

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

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