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August 27, 2013

City of Kawartha Lakes Loses Fight Over “Unfair” Oil Spill Clean-up Order

Environmental Science & Engineering Magazine - Published Summer 2013

The Ontario Court of Appeal has ruled that the necessities of spill containment and environmental protection can take precedence over the “polluter pays” principle and the rules of natural justice.  In assessing the validity of a Director’s clean-up order for a 2009 oil spill in the City of Kawartha Lakes, the Court deemed questions of who was at fault were “irrelevant.” The City, which bore no responsibility for the original spill, was ordered to clean up oil that had spread onto municipal lands and threatened to recontaminate nearby Sturgeon Lake.

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