Contaminated Sites Intervention in Divisional Court

Interpreting s. 18 of Ontario's Environmental Protection Act

The Divisional Court granted CELA and Lake Ontario Waterkeeper leave to intervene in a case involving the jurisdiction of the Director of the Environment Ministry to order corporate appellants to delineate contamination which has migrated to off-site properties. The case centres on the interpretation of s. 18 of the Environmental Protection Act (EPA). CELA’s factum, which has been filed in Divisional Court, seeks to provide guidance on this issue by examining contaminated site legislation in other provinces which are similar to the EPA and international law principles. The case will be heard on May, 23, 2018 in Divisional Court in Toronto.

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