The case Baron Real Estate Investments Ltd v Tri-Arrow Industrial Recovery Inc involves a lease dispute over land used for hazardous waste disposal, with Baron Real Estate Investments (Plaintiff) leasing land to Tri-Arrow Industrial Recovery Inc (Defendant), which was later acquired by Stericycle.
Key Points:
- Lease and Dispute:
- Tri-Arrow leased land from Baron in 2011 for hazardous waste disposal.
- Lease required remediation of any environmental damage.
- Tri-Arrow was acquired by Stericycle in 2013.
- In 2014, Baron terminated the lease and re-entered the land, seizing assets, which led to a court dispute.
- Plaintiff's Claims:
- Tri-Arrow and Stericycle violated environmental laws, caused contamination, and failed to remediate the land.
- The lease termination was due to multiple breaches, including improper hazardous waste handling.
- Defendants' Position:
- The defendants deny the allegations, asserting they followed environmental laws and that the termination of the lease was accepted.
- Litigation Timeline:
- Plaintiff commenced the action in 2015. There were delays in proceeding, and key supplemental records were produced in 2021.
- Application for Dismissal:
- Defendants sought dismissal for long delay under Rule 4.33, arguing the supplemental records produced by the plaintiff did not significantly advance the case.
- Court’s Decision:
- The court held that the plaintiff’s production of supplemental records was significant and genuine, and dismissed the defendants' application for dismissal. Monetary award was not specified.
