Candian(ONTARIO) - ENVIRONMENTAL LAW & ETHICS & DEONTOLOGY IN ONTARIO

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Mr. John Thordarson, is an engineer and PEO member. John had controlled of the company Thorco Engineering inc. ("TE inc.") since 1969 and had been storing various materials and wastes on the property in 1974. Mr. Thordarson and TE inc. had been convicted in the past for failing to comply with Court orders and it had been demonstrated a repeated pattern of utter disregard for the effect that their deficient chemical storage practices were having on the surrounding environment.

Midwest Engineering inc. ("ME inc.") wanted to Purchase TE inc.. Prior to its purchase, it retained an environmental consultant who conducted a Phase I Environmental Site Assessment on the property, and reported that a Phase II was not required. It was only when ME inc. became interested in purchasing all or part of the adjoining property owned by the TE inc. and conducted additional investigations that it discovered its property had been contaminated by Mr. Thordason and TE inc.

a)In the practice of engineering what is an "environmental site assessment" (ESA)? Justify your answer with the section (and subsection, if applicable) of the law/ regulation as well as the title of the law/regulation.

Definition of ESA:

Article & section of the law/regulation:

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b) In this case, what are the possible successful legal actions of ME inc against the following parties? Under which torts and what element should be proven for each action to be successful? Parties to the legal actions Torts Proof of the plaintiff ME inc. v John Toardarson ME inc. v TE inc.c) What is the limitation period in respect of an environmental claim that Midwest Engineering 3.3.9; has to sue Thorco Engineering 19.9.3