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Companies liable even if emissions rules followed
Industrial polluters can be forced to pay damages if they excessively annoy nearby residents, even if companies comply with regulations governing emissions, the Supreme Court of Canada ruled yesterday in a decision that stresses environmental protection.
The unanimous judgment ends a long-standing battle between St. Lawrence Cement and people who lived near the plant in Beauport, Que., until it shut down in 1997.
The residents launched a class-action suit against the plant in 1993, complaining that its operation spewed residue on their homes, land, and cars, along with an ensuing odour and noise that devalued their properties.
The key issue in the Supreme Court ruling was whether companies in Quebec can be found civilly liable, even if they are not strictly at fault for the inflicted damage because they followed regulatory standards on maintaining equipment.
Although the case was confined to interpretation of the Quebec Civil Code, the court noted that no-fault liability is also found in common law that is used in all other provinces.
“What is more, such a scheme is consistent with general policy considerations, such as the objective of environmental protection and the application of the polluter-pay principle,” justices Marie Deschamps and Louis LeBel wrote in the 6-0 decision. The court said the test for civil fault is whether the pollution violates a standard of conduct of a reasonable person.
Environmental groups hailed the decision as a “massive victory” that will empower citizens to challenge environmental annoyances.
© The Ottawa Citizen 2008