Manitoba Wildlands  
Class Action Ruling - Victory Over Polluters 23 December 08

Ecojustice logoThe Supreme Court of Canada has made a landmark ruling - ordering an Ontario company to pay $15 million in damages for complaints over noise, odour and airborne pollutants.

In a unanimous decision, St. Lawrence Cement Inc. will pay damages to 2,000 people of Quebec City who complained the plant was interfering with their enjoyment. The class action was launched in 1994; the plant was closed in 1997.

"This is a massive victory," said Will Amos, a lawyer for the environmental group Ecojustice. "It is going to make it much easier for citizens to make environmental-nuisance complaints, they are not going to have to prove fault or wrongdoing. They have only to prove that an abnormal annoyance occurred. That is absolutely critical."

The decision means polluters can be successfully sued for emitting annoying odours, dust or noise even when in compliance with government regulations. The court said polluters must pay "based on the annoyances suffered by the victim being excessive, rather than on the conduct of the person who allegedly caused them."

View November 21, 2008 Globe and Mail article
View November 21, 2008 CBC article
View November 25, 2008 Daily Commercial News article
View November 26, 2008 The Hamilton Spectator article

Sources: Globe and Mail, CBC, Daily Commercial News, The Hamilton Spectator
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