COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

CANADA

Canada - Transport of Dangerous Waste

ATTORNEY GENERAL, QUEBEC v. MARK LEVY, LUBRIMAX (1982) INC. and D. M. TRANSPORT LTD.

JUDGEMENT NOS. 93-612, 93-613, 93-614, 93-615 1993, JURISPRUDENCE EXPRESS NO. 14 294-295

LubriMax (1982) Inc. stored hundreds of barrels of PCB liquid waste and electric equipment containing PCB in a warehouse without permit. In August 1988 a fire gutted the warehouse (alleged to have been started by one Alain Chapleau, an illiterate part-time labourer who was arrested, charged with arson by QPP but acquitted by a superior court judge). Levy had told an employee to entrust the transport of the equipment and barrels containing PCBs to TDM Transport which did not have a permit to transport dangerous wastes. The fire which sent toxic fumes (PCBs, dioxin and furans) over 25 kilometres (the irnmediate danger zone) and to a much lesser extent to neighbouring Ontario and New York State, resulted in the evacuation of nearly 5,000 people from 1,731 homes in three municipalities in the immediate danger zone for eighteen days.

Levy and the two accused companies were convicted, the final conviction being in July 1993 and a total of Can$ 35,000 fine was imposed on all three.

A Commission of Inquiry was established to investigate the circumstances of the fire. The Fire Commissioner in its report, made a series of general recommendations relating to environmental protection and fire prevention measures. It was evident that the warehouse had been violating several Provincial regulations and the Provincial Government had known this for nearly three years before the fire; yet it took no action. The Federal Government had no law regulating storage of PCBs, until legislation was enacted in June 1988, exactly two months before the fire. The Quebec Government tightened up its inspection programme and made changes to regulations to conform to Federal legislation.