The Ontario Divisional Court recently upheld the Environmental Review Tribunal’s decision, which in turn upheld an order that required the City of Kawartha Lakes to remediate the contamination on its land resulting from a heating oil spill on a neighbouring property. The Court noted that the City was an “innocent” party that had not caused the spill and all the parties, including the Ministry of the Environment (MOE), agreed that the City was an innocent owner.
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