Tuesday, July 25, 2023


 Two companies located adjacent to a grossly contaminated site (IMICO) on Beverley St. appealed a Certificate of Property Use (CPU)  document issued to the City of Guelph who are the owners of the former International Malleable Iron Co. (IMICO). From what I can make out a CPU possibly is issued either after or instead of a Record of Site Condition (RSC) which the MECP usually issues to properties that have been allegedly adequately cleaned up and are ready for redevelopment. Personally I'm not impressed with RSC's so you can imagine what I think of CPUs which I guess are supposed to have conditions attached acknowledging a certain level of further monitoring or work required.

The two companies at 10 Kingsmill Dr. and 490 York St. are downgradient from IMICO and apparently have had trichloroethylene (TCE) migrating from IMICO onto their properties for a long time. IMICO has been studied and researched to death for over thirty years with 490 York much less and 10 Kingsmill even less than 490 York. That said as I understand it there have bee Phase 1 and Phase 2  Environmental Assessments done on those properties as well as some monitoring wells installed. 

 The Kingsmill and York St. properties have won Leave To Appeal from the Ontario Land Tribunal (OLT). They will be appealing the CPU issued to the City of Guelph for their IMICO property on the basis that no reasonable person (i.e. MECP Director) would have issued such a weak and unreasonable document. Apparently the CPU simply fails to address the known migration of TCE onto these two other properties. Keep in mind that this is the Decision of the OLT. You should read the other comments and statements including bias, incompetence, 

Earlier on these companies claimed that the MECP were retaliating against their actions of appealing the CPU to the OLT by issuing both Provincial Officer's Reports against them followed by a Director's Order demanding increased significant cost and work be done on their properties allegedly to get a better understanding as to whether or how much they may have contributed to their own on-site contamination.  These companies and their lawyers are taking no prisoners and their allegations of personal vindictiveness and perhaps even bullying by the MECP are quite shocking.  

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