• Divisional Court Upholds Clean-Up Order Against Non-Polluter
  • August 22, 2012 | Author: Nalin Sahni
  • Law Firm: Dentons Canada LLP - Toronto Office
  • In this issue of Focus on Environmental Law, Nalin Sahni discusses a case in which the Ontario Divisional Court has upheld the reasoning of the Environmental Review Tribunal (the “ERT” or “Tribunal”) that innocent landowners can be forced to clean up pollution on their property caused by others. The Ministry of the Environment (“MOE”) had ordered the City of Kawartha Lakes (the “City”) to clean up municipal property contaminated by a nearby homeowner’s furnace oil spill when the owners were unable to complete the remediation.