The Polluter Does Not Always Pay: Environmental Liability Of Property Owners

Environmental contamination is a multi-faceted and complex issue with different bases of liability, particularly against the landowner. Leaving aside regulatory liability,¹ civil claims against landowners for remediation or compensation arising from environmental damage may be brought by tenants, neighbours or future owners. Multiple legal bases are available to recover such losses, including negligence, nuisance, trespass, strict liability,² and under the Ontario Environmental Protection Act.³ Due to the fact-dependent nature of these claims and the limited case law available as guidance, these situations can be especially difficult to navigate while the cost consequences can be significant.