Two Judges of the Ontario Court of Appeal, on motion by the Attorney General of Ontario, shall summarily annul any order of any Court granting damages or civil remedy against the Regional Corporation arising out of garbage disposal obligations imposed upon or assumed by the Regional Corporation unless the certified consent of the Lieutenant Governor in Council is annexed to such order. Myron Mutton operates a landfill site in the Region on behalf of the Regional Government. The Region passes a By-law that requires Myron Mutton, as a condition of operating the landfill site, to receive 10,000 tonnes of contaminated soils from Gatineau each year for five years, to decontaminate all soils received from Gatineau by processing the soils at one of two decontamination facilities operated by the Region, and to use the materials resulting from the decontamination process as cover material at the landfill Myron Mutton operates. Under protest, Myron Mutton follows the conditions imposed upon him by the Region's By-Law. Certain environmental problems follow.
Contaminants remain into the soil after processing at the decontamination facility.
The contaminants descend into the landfill's leachate system, leak into the water table surrounding Myron Mutton's landfill and cause minor diseases in significant numbers of livestock on neighbouring farms. The neighbouring farmers bring a class action against Myron Mutton for damages caused. The Region unilaterally cancels its agreement with Gatineau. Gatineau sues the Region for specific performance of the agreement, claiming the Region has no power to cancel the agreement. Myron Mutton sues the Region, claiming that it has no constitutional power to impose conditions on him relating to the receipt and processing of the Gatineau soils.