Fahreen Kurji

The plaintiff's residential oil tank leaked, causing a significant environmental spill into Sturgeon Lake.

The plaintiff sued the fuel distributor (Thompson Fuels), the regulatory authority (TSSA), and the tank manufacturer (Granby) for negligence.

The court found Thompson Fuels 40% liable for failing to conduct a mandatory comprehensive inspection before delivering fuel.

The plaintiff was found 60% contributorily negligent for improper installation, failing to maintain the tank, introducing water into the tank, and delaying reporting the leak.

Claims against the TSSA and Granby were dismissed.

The court also assessed the reasonableness of the extensive remediation costs and dismissed the plaintiff's claim for statutory contribution under the Environmental Protection Act.

The appellants appealed municipal orders to pay costs issued by the City of Kawartha Lakes under s. 100.1 of the Environmental Protection Act relating to the clean-up of a furnace oil spill.

The Tribunal allowed the appeal of the co-owner, finding she was not the owner or person in control of the pollutant immediately before the discharge.

The Tribunal allowed the owner's appeal in part, reducing the total amount payable to $313,005.08, but dismissed his arguments that the consulting and monitoring costs were unrelated to preventing adverse effects or were unreasonable.

The City of Kawartha Lakes brought a motion to strike portions of the appellants' Notice of Appeal, witness statements, and Notices of Allegation regarding an order to pay for the clean-up of a heating oil spill.

The City argued that the Tribunal's jurisdiction under s. 100.1(15) of the Environmental Protection Act is strictly limited to specific considerations, excluding issues of fault, fairness, and financial hardship.

The Tribunal agreed, finding that s. 100.1(15) is a 'consider only' provision that precludes a broad 'new hearing' approach.

The Tribunal also ruled that it lacks jurisdiction to adjudicate claims for contribution and indemnification, which must be pursued in civil court.

The motion was granted, and the scope of the hearing was restricted accordingly.

The Environmental Review Tribunal issued a procedural order limiting the scope of the proceeding to matters set out in s. 100.1(15) of the Environmental Protection Act.

The Tribunal struck portions of the appellants' notices of appeal, witness statements, and document briefs that did not relate to this section.

The Tribunal also accepted the withdrawal of certain notices of allegation and witness statements, and deferred costs applications to a later date.

The Environmental Review Tribunal granted party status on consent to the Technical Standards and Safety Authority, Doug C. Thompson Fuels Ltd., and Les Reservoirs D'Acier de Granby Inc. The status was granted for the limited purpose of responding to a motion brought by the City of Kawartha Lakes regarding the permissible scope of the Gendrons' appeals and Notices of Allegation.

The appellants, Wayne and Liana Gendron, brought a motion to adjourn a scheduled Environmental Review Tribunal hearing regarding an order to pay clean-up costs for a furnace oil spill.

The appellants argued that the hearing should be adjourned until after the conclusion of a parallel civil action brought by the respondent municipality.

The Tribunal dismissed the motion, finding that the municipality had undertaken not to pursue its civil action if the Tribunal hearing proceeded, thereby eliminating the risk of duplicative proceedings and double recovery.

The appellants brought a motion to adjourn the hearing of their appeals regarding an order to pay for the clean-up of a spill.

The Environmental Review Tribunal dismissed the motion to adjourn, with reasons to follow, and directed that a status telephone conference call be held to address procedural issues.

The appellants appealed an order issued by the City of Kawartha Lakes under s. 100.1(1) of the Environmental Protection Act requiring them to pay for the clean-up of a furnace oil spill.

The proceedings had been adjourned due to parallel civil actions.

Following an undertaking by the City not to pursue the civil action if the Tribunal hearing proceeds, the Tribunal found a significant change in circumstances and issued an order setting procedural deadlines and hearing dates for the remaining appeals by the Gendrons.