What decisions have been made in relation to the Health and Safety Executive's determination that contaminated soil on a plaintiff's property is a contaminated site?
British Columbia, Canada
The following excerpt is from 336332 B.C. Ltd. v. Imperial Oil Ltd., 2002 BCSC 587 (CanLII):
The first decision is Swamy v. Tham Demolition Ltd., 2000 BCSC 1253, 81 B.C.L.R. (3d) 293. In that case, the plaintiff sued several defendants at common law and under the Act for allegedly having dumped contaminated soil on her property. The manager stated in a letter to the plaintiff that her property was a contaminated site, but made no final determination under the Act to that effect. He prohibited the plaintiff from growing anything on part of her property and required her to get a permit to move the soil. No remediation had occurred. The defendants brought an application for an order dismissing the claims and the plaintiff sought judgment on the issue of liability.
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