Consolidated statement of claim re: Sunrise Propane explosion

28arose from a use of the Property that is contemplated by the lease with one ormore of the Sunrise Companies, that is, the operation of a propane storage andd istribution facility.BlBy virtue of their operation as one economic unit or, altematively, by virtue of thecomplete control exercised by Teskey Construction and Teskey Concrete overthe Teskey Numbered Company and HGT, all of the Teskey Companies hadcontrot over the Propefi and all four companies are therefore liable to theplaintiffs and other class members in nuisance82.The escape of propane and other contaminants and the explosions and fireconstitute a public nuisance causing harm to the environment under theEnvironmental Bitlof Rlghfs, S.O. 1993, C..28. The plaintiffs plead and relyonSection 103 of that statute which permits any person who suffered personal iniuryor direct economic loss as a result of a public nuisance causing harm to theenvironment to bring an action in respect of such losses,83,The plaintiffs and other class members suffered damages as a result of thenuisance including physical injury, psychiatric injury, emotional distress, damageto their properties and alternatively contamination of their properties, and damageto or loss of their chaftels These damages were a reasonably foreseeable resultof the nuisance for which the defendants the Sunrise Companies and the TeskeyCompanies are liable