Section 99(2) Of The EPA Is A "New And Powerful Tool" For Compensation For Contaminated Lands — Midwest v. Thordarson

In its recent decision in Midwest Properties Ltd. v. Thordarson¹ the Ontario Court of Appeal comments on a number of significant issues in environmental litigation. This case comment focuses on the Court's findings with respect to a property owner's statutory right of action found in s. 99(2) of the Environmental Protection Act² and its implications.

Our analysis of Midwest with respect to the calculation of damages can be found here and personal liability for damages, including punitive damages, can be found here.

The Facts

The plaintiff, Midwest, acquired a property in 2007. Before purchasing the land, it commissioned a Phase I environmental report based on a visual inspection of the property. The consultant reported that a Phase II was not required.