In February, we told you about the landmark decision in Berendsen v. Ontario, a precedent-setting case holding the Ontario government liable for contamination of a dairy farm by road waste. On July 11, Berendsen’s victory became doubly sweet when Judge Seppi awarded them $655,000 in legal costs (including a $50,000 premium) plus 6% prejudgment interest since 1995. The judge emphasized the magnitude of Berendsen’s damages, their complete success at trial, their reasonable efforts to settle the matter without trial, and the absence of any equivalent efforts by the Crown.
Presumably, the Crown will appeal from these awards as part of its overall appeal of the case.
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At the Appeals Court in the Heighington et al case dealing with Radioactive Contamination of lands on McClure Cres, , the Crown droned on for three days. At the end of the three days, the Apeals Court Justices dismissed the Appeal by the Crown. There was no waiting. The Judgement was immediate.
In the Berendsen Case at the Appeals Court of Ontario, with Justice John Laskin as the lead Council on the Bench, judgement on the appeal has been delayed. It is almost if John Laskin is checking with the puppet masters as to what to do. I have concerns on this delay in the appeal of the Berendsen Case, as it has the potential to be very far reaching, even to the Municipal Water Supply and bottled water.
We await the John Laskin and his companions on the Bench at the Appeals Court
It is now the 28th of June, a good many months for John Laskin and his colleagues to write a decision. It is very hard to reject a judgement. John Laskin could be paralled to the case of Pinochio. There is a good chance that they will split the judgement, forcing a move to the Supreme Court of Canada.
The hesitation by this group as lead by John Laskin on the Appeals Court of Ontario is evident. They have a duty to enter their judgement in a reasonable and forthwith manner. As this hesitation grows, it appears that they have neglected their duty.
It is now August 9, 2009 and Justice John Laskin and the colleagues have been hesitating for at least three months. In the Heighington et al case, Justices Krever, Houlden and Griffith showed no hesistation and gave a veberal judgement, dismissing the appeal by the Crown for Ontario. A written judgement followed. I shudder to think that these Justices at the Appeal Court are mirrowed in the image of the former Mayor of Scarborough,( who was well aware of the Malvern Radioactive Waste dump at least 5 years before the residents were abruptly informed by the Globe and Mail).