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Defendant in Midwest Properties Ltd Case Seeks Leave To Appeal To The Supreme Court Of Canada

In an earlier blog, we reported to you of the Court of Appeal decision in in Midwest Properties Ltd. v. John Thordarson and Thorco Contracting Limited the Defendants have filed a Leave Application to the Supreme Court of Canada to set aside the Court of Appeal’s decision with respect to the working of section 99 of Ontario’s Environmental Protection Act as well as to revisit the doctrine of caveat emptor where lands are purchased under circumstances where the purchaser knows or ought to know that they were contaminated before purchase.  The Court is also being asked to look at the contrast between “historic contamination” and a “spill” for the purpose of section 99 and whether an MOE remediation and a judgment for remediation costs constitutes double recovery. We will await the Court’s ruling on this Leave Application.  If Leave is granted it is quite likely there will be several intervenors as the matter is of National importance to environmentally contaminated lands.