Civil Right To Compensation For Spills Under Section 99(2) Of Environmental Protection Act Clarified

On November 27, 2015 the Ontario Court of Appeal ("ONCA") released its decision in Midwest Properties Ltd. v. John Thordarson and Thorco Contracting Limited, providing the first appellate consideration of the private right of action to compensation for spills contained in s. 99(2) of the Environmental Protection Act ( the "EPA").

The decision is significant in several respects and provides guidance on:

1. the timing and scope for proof of damages under section 99 of the EPA;
2. when findings of personal lability and punitive damages are warranted in environmental matters; and
3. the burden of proof plaintiffs must meet when making environmental damages claims against their neighbours in negligence.