In the latest twist in a long-standing saga, the Superior Court
of Justice has ruled partially in favour of a landowner upon whose
property in Kawartha Lakes an oil spill.
In mid-December, 2008, Thompson Fuels ("Thompson")
delivered 700 litres of fuel oil to the residence of Wayne Gendron.
The oil leaked from the storage tanks filled by Thompson. Some of
the oil eventually migrated under the Gendron property and, through
a drainage system under the house and municipal culvert controlled
by the City of Kawartha Lakes ("Kawartha Lakes"), into
Sturgeon Lake, located across the street from the Gendron
property.
The spill required almost $2 million to remediate, necessitated
the demolition of the Gendron property, and sparked a host of
litigation proceedings. Mr. Gendron was ordered by the Ministry of
the Environment and Climate Change ("Ministry") to clean
up the spill. Once his insurance was exhausted, although not
responsible for causing the spill, Kawartha Lakes was
