Supreme Court

Judge:

The Honourable Justice Joshua M. Arnold

Heard:

October 6, 2014 in Halifax, Nova Scotia

Final Written Submissions:

November 21, 2014

Written Decision:

May 6, 2015

Subject:

Appeal of Ministerial Order

Summary:

Appellant purchased recycling business but not the property upon which the business was situated.  Pollution occurring downgradient and crossgradient of site caused by the recycling operations before, during and after the appellant’s operations.  The appellant was ordered to remediate the area and in addition was ordered to undertake a $10.6 million cleanup relating to a containment cell filled with tons of non-recyclable materials located on the Property that was created by the previous owners of the recycling business and approved by the Nova Scotia Department of Environment.  The appellant had no part in the creation or use of the containment cell, all of which predated the appellant’s involvement at the Property.

Issues:

Did the Minister act reasonably in ordering the appellant to remediate?  Was the Minister acting equitably?  Was the Minister estopped from creating such an Order?

Result:

The Ministerial Order was upheld on a standard of reasonableness with the exception of the clause requiring the appellant to remediate the containment cell.  The Order was remitted back to the Minister for reconsideration of the clause pertaining to the containment cell.