The Kawartha Lakes Saga Continues: Oil Spills And The Dangers Of DIY

Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware containers, and was found contributorily negligent in the process.

Judgment was granted in favour of the plaintiff, Wayne Gendron, against the defendant, Thompson Fuels. However, Gendron was apportioned 60 percent of the liability, due to a series of negligent actions that facilitated the fuel oil spill and the resulting damages. Thompson Fuels was found only 40 percent liable.

This same fuel oil spill has already been the subject of other extensive litigation in the Ontario Superior Court. In The Corporation of the City of Kawartha Lakes v Director, Ministry of the Environment,1 the court upheld the Ministry of Environment and Climate Change's order against the City of Kawartha Lakes to clean up the fuel oil spill on municipal property, despite the fact that the City had "no responsibility whatsoever for the contamination" of its property.2

This case is a warning for homeowners hoping to handle oil spills on their own, and emphasizes the importance of immediately reporting oil spills to the Spills Action Centre.

Background

Gendron owned a house near Sturgeon Lake, which was heated by an oil furnace supplied by two oil tanks that he had installed in the basement of his home without the help of an Oil Burner Technician. In December 2008, Gendron smelled and noticed oil pooling on his basement floor. The oil tanks had been filled shortly before the pooling with 700 litres of fuel delivered by Thompson Fuels.

Gendron cleaned up what he thought was the extent of the spill in Tupperware containers (to the tune of seven jerry cans full) and carried on with his day.

It later became apparent that more oil had leaked from the tanks than Gendron originally anticipated. The oil made its way to a crack between the basement wall and the floor, leaching into the soil under his house. The oil also made its way through a drainage system under Gendron's house into Sturgeon Lake, causing oil damage to around 300 metres of shoreline.

Remediation of the contaminated soil under the house and the oil on the shores of Sturgeon Lake took over a year and cost close to $2 million. Over 70 tonnes of contaminated soil and gravel was removed from under Gendron's house and disposed of. The house was demolished in the process.

Gendron sought damages for the...

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