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March 09, 2017

Dueling Environmental Experts: The Court Accepts the More Fact-Based, Reliable and Plausible Explanation

When a party finds itself in an environmental dispute, what evidence must it submit to support its case? And will that evidence succeed in Court? For example, consider a dispute between neighbours where one neighbour alleges that the other is causing the migration of contamination across their shared property line. Each neighbour hires an expert in contaminant hydrogeology to support his or her theory of the case. How will a Court decide which of the two competing experts’ evidence to base its decision on?

The Ontario Superior Court of Justice recently considered this question in Weenen v Biadi.

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