Dealing With: Citizens of London
The Citizens allege that the City has failed them because Jenkin’s peroxide spill failed to meet the MOE’s order. To this effect, they have claimed negligence and nuisance. Further, by exacerbating the pollution, they argue that the City has committed an offence under ss. 30 and 32 of the Ontario Water Resources Act, RSO 1990, c O.40.
The Minister’s order required immediate remediation of the spill. It did not specify equipment, material or personnel, although it did state that subcontractors must be supervised. Jenkins has admitted to having ‘had a few beers’ and takes full responsibility for the peroxide spill. He states that the supervisor was present and aware that he was drinking, as he ‘offered her a cold one’ twice, before and after the accident.
Advise the City on potential actions in this situation. Are they likely defensible in litigation? How does Jenkins’ admission of fault factor in?