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Jul 13, 2016
Environmental Law Bulletin - Does Midwest Properties Ltd. v. Thordarson Mean an Expansion in Environmental Liability?
The Supreme Court of Canada recently denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v. Thordarson
. Accordingly, the Court of Appeal’s decision to award compensation under section 99 of the Ontario Environmental Protection Act
(“EPA”) stands. As a result, remediation costs which exceeded $1 million and the reduction in property value was determined to be the appropriate compensation in the circumstances.