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<p>Case 10 For 50 years, Metal Plate Inc. manufactured metal signs in a manufacturing plant located in the

industrial area of a city. In 2000, a large container of used cleaning solvent that was stored behind the plant leaked into the soil. At the time, the solvent was not classified as hazardous waste material under the provincial Environmental Protection Act, and nothing was done to retrieve the solvent, except to dispose of the leaking container. Several years later, the solvent was classified as a registerable hazardous material. In 2008, traces of the solvent were found in the surface-water drainage sumps in a neighbouring property, and the source was identified on the Metal Plate land. The company notified the Ministry of the Environment, and, as a compliance method, the company drilled several collector wells and installed a pumping system to monitor and collect the contaminant as it moved through the soil. The system was approved by the Ministry, although the Ministry could require the removal of the contaminated soil at any time, if it should be necessary to do so. In 2010, the owner of a business in the area offered to purchase the plant and land for $1,500,000, and Metal Plate Inc. agreed to sell the property. The purchaser was given a full opportunity to inspect the property before the closing of the transaction, but did not do so at the time. The purchaser intended to rezone the property as a residential property and build a large condominium there, but did not disclose his plans at the time of purchase. Some months after the new owner had purchased the property, soil tests were made to assess the suitability of the property for the construction of the residential condominium complex. The test engineers reported that the soil structure would permit the construction of the proposed building, but noted in their report the contaminated soil and the monitoring system. They estimated the cost of removal of the contaminated soil at $100,000. The new owner did nothing about the reported problem and proceeded with his proposed plans to construct the condominium. His efforts were in vain, however, as the municipality refused to rezone the land to residential use because of the location in an industrial area. Several years later, the new owner abandoned his plans. He demanded a return of his money from Metal Plate Inc., on the basis that the lands were contaminated and useless for his purposes. Metal Plate Inc. refused to return the purchaser's money, and the purchaser instituted legal proceedings against Metal Plate Inc. Discuss the issues raised in this case and render a decision.</p>

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