Ontario Court Recognizes "Light" As A Contaminant Under The Environmental Protection Act

In February 2013, Justice Green of the Ontario Court of Justice held that sunlight reflected from a building can be considered a contaminant under the Ontario Environmental Protection Act (EPA). Justice Green's ruling, while surprising, appears to be consistent with other recent Ontario court decisions that have recognized unconventional "contaminants" under the broad definition contained in the EPA. This decision also highlights the importance of harm reduction efforts on the part of businesses in order to establish a due diligence defence for environmental offences.

Background

In Podolsky v. Cadillac Fairview Corp. (Cadillac Fairview) 2013 ONCJ 65 (click here for decision), the plaintiff Podolsky, acting as a nominal plaintiff on behalf of the environmental advocacy group Ecojustice, brought a private prosecution against the defendants, who were the owners and managers of the Yonge Corporate Centre (YCC), a complex of office buildings in northern Toronto. The