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January 27, 2016

Polluter Pays Doctrine Underscored: Section 99(2) of the EPA Applied: Some Thoughts on Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819

Ontario’s Court of Appeal awarded damages for migration of petroleum hydrocarbons onto a neighbouring property in Midwest Properties Ltd. v. Thordarson under a seldom applied section of the Environmental Protection Act, section 99. Midwest is also the most recent case in the interpretation and application of the "polluter pays" doctrine.

On January 26, 2016, Thorco Contracting Limited and Mr. Thordarson filed their application for leave to appeal to the Supreme Court of Canada.

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