Canada’s Supreme Court To Define "Adverse Effect" And "Contaminant" In Important Environmental Case

The Supreme Court of Canada (SCC) has set May 17, 2013 to hear an appeal from the Ontario Court of Appeal decision in Ontario (Environment) v. Castonguay Blasting Ltd. At issue is whether "adverse effect" under Ontario's Environmental Protection Act (EPA) requires something more than trivial harm to the natural environment. The SCC decision is likely to significantly impact environmental liability and reporting requirements across Canada.

The immediate question is whether fly-rock is a "contaminant" to be viewed as a "discharge" resulting in an "adverse effect" – despite the fact it had no impact on the natural environment. Blasting rock near Marmora, Ontario, Castonguay was carrying out operations that sent rock debris outside the area of control, damaging a neighbouring house. Happily, the owner was not injured and was fully compensated. Castonguay reported in a timely manner to Ontario's Ministries of Labour and Transport.