Gerry Parrott

The appellants appealed a Municipal Cost Recovery Order (MCRO) issued by the City of St. Catharines for $4,155,116.21 relating to the cleanup of a spill following an explosion and fire at a hazardous waste facility.

The appellants argued the MCRO included costs unrelated to the spill, was unreasonable, and that the individual directors were not in control of the pollutants.

The Tribunal found that under s. 100.1(15) of the Environmental Protection Act, its jurisdiction was limited to considering ownership/control and the relation/reasonableness of costs.

The Tribunal held the individual directors had charge, management, and control of the pollutants.

However, the Tribunal deducted $116,628.57 for costs unrelated to preventing adverse effects (legal fees, insurance adjuster, unsupported expenses) and $350,778.55 for unreasonable on-site project labour costs incurred while supporting the Office of the Fire Marshal's investigation.

The appeal was allowed in part, revising the MCRO amount to $3,687,709.09.

The appellants brought a motion seeking an order for discovery, an affidavit of documents from the City, and an adjournment of the scheduled merit hearing regarding a $4.1 million cost recovery order for an environmental spill.

The appellants argued that the City's document productions were deficient and illegible.

The City opposed the adjournment but agreed during the hearing to provide a sworn affidavit of documents.

The Tribunal ordered the City to deliver the affidavit of documents in a legible and searchable format and maintained the scheduled hearing dates, finding that the appellants were entitled to file reply submissions and were not case splitting.