Boart Longyear Inc. v. Mudjatik Enterprises Inc.

摘要

Environmental law-Liability for environmental harm - Practice and procedure - Miscellaneous-Amending pleadings - Leave to appeal - Plaintiff brought action claiming damages for loss suffered when mine flooded due to conduct of defendants, including alleged negligence on their part -Plaintiff applied unsuccessfully for leave to amend statement of claim in order to plead cause of action based on s. 15 of Environmental Management and Protection Act, 2002 - Chambers judge found that s. 15 of Act did not create cause of action that was available to plaintiff - Plaintiff brought application for leave to appeal - Application granted - Proposed appeal met essential requirements articulated in case law - Interpretation of s. 15 was of sufficient importance to proceedings before Queen's Bench Court, state of law, and administration of justice generally to warrant consideration by this Court - Issue under appeal also involved uncertain point of law which had not been fully addressed by this Court and also may involve review of previous decision of this Court.