CALLING ALL AMBULANCE CHASERS

Well after a title like the above it's kind of tough to say "nothing personal" to the legal profession. In fact I might even be undermining the thesis of this posting which is that in my opinion (not being a lawyer), there might well be grounds for a civil action against the Ontario Ministry of the Environment. Possibly pushing the envelope even further I'm wondering about charges (criminal?) dealing with what is known in commercial crime as Bait and Switch. In a retail environment offerring one item for sale to attract customers into the store with the express purpose of switching them over to different items that may be more expensive, lesser quality etc.is illegal. Of course the bait that is offerred is probably in extremely limited quantities for whatever reason given. I think that qualifies as a criminal offence although I'm not positive.

Switching back to Elmira, Ontario there was a private Settlement Agreement signed between the Ontario Ministry of the Environment (M.O.E.) and Uniroyal Chemical (now Chemtura) back on October 7, 1991. This Settlement Agreement effectively ended an ongoing Environmental Appeals Board Hearing with multiple parties. Uniroyal had appealed a Control Order issued upon them by the M.O.E.. This Settlement Agreement (aka "sweetheart deal") agreed that two east side consolidation pits filled with toxic wastes would be removed but after that there would be an Indemnity against liability for all other known contamination on the site. This included the west side ponds which had been identified by the M.O.E. as ongoing sources of contamination to the Municipal aquifer in Elmira.

Both the "Bait" and the "Switch" took place less than a month later. On November 4, 1991 a new public Control Order was issued upon Uniroyal (Chemtura) which demanded removal of DNAPLS (dense non aqueous phase liquids) from beneath the west side ponds. This Control Order was a public document whereas the Settlement Agreement of a month earlier was not. Also a public Press Release was issued on the same day as the Settlement Agreement (October 7/91). This Public Press Release was a blatant lie in that the then Ontario Minister of the Environment stated that all buried wastes would be removed, completely contrary to the Settlement Agreement. The Settlement Agreement was given out to the six parties at the then ongoing Environmental Appeal Board Hearings but NOT to the media or public.

Therefore I'm asking these questions of our legal profession. Is this indeed a "Bait and Switch"? Is it illegal? Is a class action civil suit appropriate? Has there been a violation of criminal law? It's never too late for justice to happen especially if it would force the long overdue and publicly promised cleanup here in Elmira.