How Clean is Clean? Pristine?

摘要

In May 2000, judgment was rendered in the case of Tridan Developments Ltd. v. Shell Canada Products Ltd. (see this column in the October/November 2000 edition). Not surprisingly, the decision was appealed and the Court of Appeal released its decision on January 3, 2002, ruling that a property owner whose land has been contaminated is entitled to have the land remediated to a pristine condition. Readers may recall the facts of the case, which involved a Shell gas station in Ottawa that spilled approximately 9,000 litres of gasoline into the soil. Tridan, the adjacent property owner to the west of the Shell property, discovered contamination beneath its property and commenced an action against Shell. Tridan sought extensive damages for the contamination, which extended to a depth of approximately 12 feet below ground on the Tridan property.