Liability of Owners and Tenants for Historical Contamination in Ontario following the Hamilton Beach Decision

April 22, 2021 11:45am

Paul McCulloch
Crown Counsel, Legal Services Branch
Ministry of the Environment and Climate Change, ON

Joanna Rosengarten
Counsel, Environmental Group
McCarthy Tétrault, Ontario

A look at Ontario’s Divisional Court ruling on Hamilton Beach Brands Canada Inc. v. Ministry of the Environment and Climate Change, (2018 ONSC) which decided the current occupants of a property can be found responsible for historical contamination that spreads to neighbouring sites.

  • Identifying the responsibilities of a tenant or site owner to address historic onsite contamination, or adjacent contamination
  • What protection do you have as a brownfield developer?