The plaintiffs are joint owners of property in Springwater Township, Simcoe County. The Board of Health for Simcoe County District Health Unit ("the defendant") is a public corporation responsible for community sanitation including the maintenance of sanitary conditions and the prevention and elimination of health hazards.
The plaintiffs issued a notice of action on June 16, 1999, maintaining that the defendant breached its duty of care to them and was negligent by issuing certificates of approval for sewage systems at two chalets at the Snow Valley ski resort when the sewage system designs were substandard and incapable of handling the intended loads on the systems. The plaintiffs maintain that this breach has caused a nuisance and is polluting the plaintiffs' property. Specifically, the plaintiffs claim:
- their property has experienced significant increases in the levels of nitrates in their water supply;
- the level of phosphates, coliform and other microorganisms in the ground and surface water on the plaintiffs' property has increased significantly;
- the pollutants have caused the Plaintiffs' well water supply and the ground water used by them and other landowners in the area to become unsafe for human consumption; and
- the pollution to the ground water has damaged the environment and has reduced the value of the plaintiffs' property.
The plaintiffs rely upon the following causes of action: negligence, nuisance, sections 84 and 103 of the Environmental Bill of Rights S.O. 1993 c. 28, as amended. The plaintiffs also plead and rely upon the provisions of the Ontario Water Resources Act, the Environmental Protection Act, the Health Promotion and Protection Act, and their regulations as amended.
The plaintiffs claim full compensation for their losses from the defendant together with prejudgment and post-judgment interest and costs on a solicitor and client scale. On July 16, 1999, the plaintiffs issued a statement of claim setting out further details of the action. The defendants filed a statement of defence on September 13, 1999, denying all of the plaintiffs' allegations. Please contact the Court House for further information on the status of this claim.