75. Resolute FP Canada Inc. v. Ontario (Attorney General) 2019
Update: 2023-01-29
Description
Resolute FP Canada Inc. v. Ontario (Attorney General)
Companies are responsible for the cost of complying with environmental orders, not the government, the Supreme Court has ruled.
Date: December 6, 2019
Neutral Citation: 2019 SCC 60
Breakdown of the decision:
- Majority: Justices Rosalie Silberman Abella, Michael Moldaver, Andromache Karakatsanis, and Sheilah Martin allowed the appeal
- Dissenting: Justices Suzanne Côté and Russell Brown said first-party claims weren’t excluded based on the wording of the contract; they would have allowed Resolute’s appeal and dismissed Weyerhaeuser’s and Ontario’s (Justice Rowe agreed)
On appeal from the Court of Appeal for Ontario
Lower court rulings:
- Decision on motion for summary judgment (Ontario Superior Court of Justice)
- Appeal (Court of Appeal for Ontario)
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