Nova Scotia (Attorney General) v. Marriott et al., 2008 NSSC 160

• Judge: Beveridge, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 25, 2008
• Jurisdiction: Nova Scotia
• Citations: 2008 NSSC 160;(2008), 265 N.S.R.(2d) 314 (SC)

N.S. (A.G.) v. Marriott (2008), 265 N.S.R.(2d) 314 (SC);

    848 A.P.R. 314

MLB headnote and full text

Temp. Cite: [2008] N.S.R.(2d) TBEd. JN.011

The Attorney General of Nova Scotia representing Her Majesty The Queen in Right of the Province of Nova Scotia (plaintiff) v. Richard Marriott, Brett LeDrew and Earl Laybolt (defendants)

(S.H. No. 166025; 2008 NSSC 160)

Indexed As: Nova Scotia (Attorney General) v. Marriott et al.

Nova Scotia Supreme Court

Beveridge, J.

May 28, 2008.

Summary:

Canisters of aluminum phosphate, a highly dangerous and toxic substance, were found on the defendant Marriott's property. Marriott had them thrown into his dumpster. When the canister contents got wet, a chemical fire occurred, releasing toxic phosphine gas. Emergency personnel from the Department of the Environment removed and disposed of the dumpster contents. The province brought an action against Marriott under s. 169 of the Environment Act to recover the costs incurred by the Minister in carrying out the emergency measures ($12,121.28).

The Nova Scotia Supreme Court allowed the action. Marriott was a person responsible for the need to take emergency measures under s. 3(ak) of the Act and the Emergency Spill Regulations (i.e. polluter-pay principle).

Interest - Topic 5525

Interest as damages (prejudgment interest) - Bars - Delay - The plaintiff's successful action against the defendant was commenced in 2000 - The defendant consistently complained of inordinate and unreasonable delay in bringing the matter to trial (March 2008) - The Nova Scotia Supreme Court agreed, finding the plaintiff guilty of undue delay - Accordingly, the court reduced the period for which the plaintiff was entitled to prejudgment interest to two years - See paragraphs 63 to 67.

Pollution Control - Topic 9317

Enforcement - General - Clean-up - Cost of - Liability for - [See Pollution Control - Topic 9318 ].

Pollution Control - Topic 9318

Enforcement - General - Liability for compensation by owner or person controlling pollutant - Canisters of aluminum phosphate, a highly dangerous and toxic substance, were found on Marriott's property - Marriott had them thrown into his dumpster - When the canister contents got wet, a chemical fire occurred, releasing toxic phosphine gas - Emergency personnel from the Department of the Environment removed and disposed of the dumpster contents - The province brought an action against Marriott under s. 169 of the Environment Act to recover the costs incurred by the Minister in carrying out the emergency measures ($12,121.28) - The Nova Scotia Supreme Court allowed the action - Marriott was a person responsible for the need to take emergency measures under s. 3(ak) of the Act and the Emergency Spill Regulations (i.e. polluter-pay principle) - Even if Marriott did not appreciate the toxicity of the canisters and the environmental dangers in improper disposal, his actions made him responsible for the need to take emergency measures - He was not absolved of liability because someone else had dumped them on his property, someone else was also responsible, or because the writing on the labels was only partially discernible - Marriott was plainly in control of what happened to the canisters - See paragraphs 1 to 62.

Cases Noticed:

Compagnie pétrolière Impériale ltée v. Québec (Ministre de l'Environnement), [2003] 2 S.C.R. 624; 310 N.R. 343, refd to. [para. 39].

Pracz v. Nova Scotia (Minister of the Environment and Labour) (2004), 222 N.S.R.(2d) 171; 701 A.P.R. 171; 2004 NSSC 61, refd to. [para. 55].

Thomas-Canning v. Juteau (1993), 122 N.S.R.(2d) 23; 338 A.P.R. 23 (S.C.), refd to. [para. 66].

MacWilliams Engineering Ltd. v. D.M.L.P. Holdings Ltd. (1995), 139 N.S.R.(2d) 84; 397 A.P.R. 84 (S.C.), refd to. [para. 66].

Data Business Forms Ltd. v. MacIntosh (1986), 76 N.S.R.(2d) 418; 189 A.P.R. 418 (T.D.), refd to. [para. 66].

Greek and Hillier v. Ernst (1980), 43 N.S.R.(2d) 191; 81 A.P.R. 191 (T.D.), refd to. [para. 66].

Yeadon v. Gauthier (1981), 47 N.S.R.(2d) 165; 90 A.P.R. 165 (T.D.), refd to. [para. 66].

Cleaveland v. Gass (1981), 47 N.S.R.(2d) 323; 90 A.P.R. 323 (T.D.), refd to. [para. 66].

Statutes Noticed:

Environment Act, S.N.S. 1994-95, c. 1, sect. 2(a), sect. 2(c) [para. 38]; sect. 3(c), sect. 3(k), sect. 3(ak), sect. 67, sect. 71, sect. 72 [para. 28]; sect. 169 [para. 18].

Environment Act Regulations (N.S.), Emergency Spill Regulations, Reg. 59/95, sect. 2(g), sect. 4(1), sect. 10(1)(f), sect. 13 [para. 33].

Emergency Spill Regulations - see Environment Act Regulations (N.S.).

Counsel:

Catherine J. Lunn and Sarah Gordon, A/C, for the plaintiff;

Richard Marriott, self-represented.

This action was heard on March 25, 2008, at Halifax, N.S., before Beveridge, J., of the Nova Scotia Supreme Court, who delivered the following judgment on May 28, 2008.