Dealing With: The Provincial Government of Ontario
The MOE is sharply displeased with Jenkin’s peroxide spill, which they maintain failed to meet their order. They maintain that the City has committed an strict-liability offence under ss. 30 and 32 of the Ontario Water Resources Act, RSO 1990, c O.40, and s. 93 of the Environmental Protection Act, R.S.O. 1990, c. E.19.
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 by a municipal worker. 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? Is Jenkins’ admission of fault a solid defence?