[CPEO-BIF] Alberta, Canada litigation at TCE vapor site

[Lenny Siegel <lsiegel@cpeo.org>]

Canada: Alberta TCE Class Action – Claims In Trespass, Nuisance, Rylands V. Fletcher Dismissed

 

by Meredith James, Saxe Law Office

Mondaq

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

http://www.mondaq.com/canada/x/322454/Waste+Management/Alberta+TCE+class+action+claims+in+trespass+nuisance+Rylands+v+Fletcher+dismissed

--

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

<lsiegel@cpeo.org>

http://www.cpeo.org

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