Establishing Environmental Damages: Key Case Law Principles

How damages are assessed in the environmental law context has been a bit of "moving target" over the last decade but there are a few key principles that emerge when you take a closer look at the case law.

Standard of Clean Up

Tridan Developments Ltd. v. Shell Canada Products Ltd., 2002 CanLII 20789 (ON CA) is an earlier case that considers a property owner's entitlement to remediation damages after its property became contaminated by a neighbouring site. This case establishes that a plaintiff's entitlement to recover will depend on the facts of each case and asserts that there is no automatic right to have one's property cleaned up to a pristine condition post-contamination.

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