2014 CPEO Brownfields List Archive

From: Lenny Siegel <lsiegel@cpeo.org>
Date: Mon, 23 Jun 2014 12:37:00 -0700 (PDT)
Reply: cpeo-brownfields
Subject: [CPEO-BIF] Alberta, Canada litigation at TCE vapor site
Canada: Alberta TCE Class Action – Claims In Trespass, Nuisance, Rylands V. Fletcher Dismissed
by Meredith James, Saxe Law Office
June 23 2014
Canadian Pacific Railway (CPR) operated a train repair facility, known as the Ogden shops,  since the early 1900s in a heavily industrialized area outside Calgary. Over the years, a residential area grew up around the shops. TCE was used as a degreaser in the shops from the mid-1950s to the mid- 1980s. In 1999, CPR discovered that TCE had contaminated the groundwater and migrated into parts of the adjacent residential community. It subsequently installed sub-slab depressurization systems under approximately 70 homes, where the TCE exceeded Health Canada thresholds. It did not provide any remediation at properties below those thresholds.
In 2006, CPR's neighbours successfully certified a class action against it in negligence, nuisance, trespass and strict liability under Rylands v. Fletcher, based on the diminution in property value and loss of rental income. They did not claim damages for physical injury or health problems.


For the entire article, see


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918

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