When I read this, it speaks about “Reasonable costs...taken to repair, reduce or mitigate”. Let me just look at the French: “des mesures prises pour atténuer ou réparer les dommages”. The provision would require a certain amount of objective proof, and the objective facts are that a federal or provincial authority acting under legislation would have actually ordered measures to be taken. Then you would have to show what the reasonable costs of the remedial measures that were taken were.
On November 30th, 2009. See this statement in context.