Tuesday, February 21, 2012

THE SWEETHEART DEAL (Paragraphs)



Following is the wording of Paragraphs 16.1 and 16.2 on page 15 of the Release/Indemnity (Agreement of Oct. 7, 1991) between Uniroyal Chemical, contributer to the destruction of the Elmira drinking water aquifers, and the Ontario Ministry of the Environment. Where I have put... simply indicates five lines of additional corporate names for Uniroyal, their officers, directors etc. .


" the province does hereby remise, release and forever discharge Uniroyal ... from all actions, causes of action, damages, claims, and demands whatsoever of which both Uniroyal and the Province are presently aware, which against Uniroyal ... the province ever had, now has or which the Province or its assigns can, shall or may have by reason of or arising out of contamination on the Uniroyal site in Elmira" .

Following paragraph 16.1 is 16.2 which is as follows:

" Uniroyal does hereby remise, release and forever discharge the province and its assigns of and from all actions, causes of action, damages, claims and demands whatsoever, of which both Uniroyal and the Province are presently aware, which against the Province, Uniroyal ever had, now has or which Uniroyal, its successors and assigns or any of them hereafter can, shall or may have by reason of or arising out of contamination at the Uniroyal plant site in Elmira."


How can our government legally pardon Uniroyal from their actions? This occurred in the middle of a legal proceeding known as the Environmental Appeal Board Hearings. What information did Uniroyal have on the Ministry of the Environment that was so damning? Was Uniroyal going to expose M.O.E. corruption either at the Appeal Board Hearings or at their threatened followup civil suit? We may never know now because of this sweetheart deal. Uniroyal saved hundreds of millions of dollars in cleanup costs and the M.O.E. saved what little was left of their tattered credibility and reputation. And who knows, did they avoid some kind of criminal charges or were they merely civilly culpable?

No comments:

Post a Comment