Damage Control: Province of Ontario

The Ministry maintains that InBev has committed strict-liability offences under ss. 30 and 32 of the Ontario Water Resources Act, RSO 1990, c O.40, and s. 93 of the Environmental Protection Act, R.S.O. 1990, c. E.19. InBev maintains that they did all that was reasonable to assist the remediation effort, that City’s assumption of the spill has shifted the fault, and that the ensuing error shifted control of the pollutant under s. 97 of the EPA. Further, InBev insists that further settlement, given their efforts to aid the city, would account to double-recovery.

Advise InBev on the strength of their appeal. What effects do the City’s actions have on InBev’s own assumption of liability?

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