Judge stays $553,000 awarded to Charlottetown senior until oil spill appeal decision

May 24, 2022

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CHARLOTTETOWN, P.E.I. — The Metropolis of Charlottetown is not going to need to pay a resident for injury it induced to her property till after the town’s attraction of the trial court docket determination is determined.

On Might 19, Court docket of Enchantment Justice Michele M. Murphy awarded the town a keep of the trial choose’s orders, however that call got here with some circumstances.

Town is combating to withhold compensation from Gail Doucette, a 77-year-old widow who has lived in her Maple Avenue house since she and her late husband bought it in 1982.

In 2013, that house was contaminated with gasoline oil after an underground, city-owned gasoline tank leaked furnace oil onto her adjoining property.

Town cleaned up the spill and the remediation firm eliminated a whole lot of tonnes of contaminated soil and put in air flow and monitoring gear, however Doucette’s house was by no means the identical.

Vegetation die in her yard and she or he mentioned there’s an virtually fixed scent of furnace oil inside her house.

Trial determination

After a three-day trial in March 2021, the trial choose discovered the town accountable for nuisance, trespass and negligence.

The choice by Supreme Court docket Justice Terri MacPherson awarded $553,000 in damages to Doucette to be paid by the town.

That quantity breaks down into $375,000 for the worth of the property, $150,000 in particular damages and $8,000 in shifting bills.

However the metropolis didn’t pay up or take possession of the property, so on March 29, Doucette filed a press release of declare with the Supreme Court docket.

On April 11, the town responded by submitting an attraction to have the choose’s determination overturned.

Town objected to the precise financial worth of the property and claimed the choose erred with respect to the supply and evaluation of basic damages for psychological misery.

Town additionally mentioned the choose erred when she rejected the town’s professional witness assertion that the property’s situation doesn’t face any stigma that might have an effect on market worth.

Town then objected to the truth that the realtor employed by Doucette to promote her house didn’t current the town’s studies to potential patrons.

Doucette listed the house for 355 days and one provide was acquired, however the sale didn’t proceed as a result of Doucette couldn’t certify the oil spill was mounted.

Newest proceedings

In a Might 20 determination, Murphy ordered a keep of the trial choose’s order with some circumstances.

Town will deposit $525,000 with the court docket, and $23,000 can be held for the quantity excellent on the home’s mortgage.

Doucette will, in return, file a deed of conveyance with the court docket.

If the town wins its attraction, the cash and property stay with their authentic homeowners. It the attraction is denied, the cash can be given to Doucette and the property will go to the town.

If, within the meantime, Doucette decides to maneuver, the town is ordered to pay $8,000 in shifting bills and the sum of $2,500 per 30 days for her hire and utilities till a call is made on the attraction.

A new oil tank sits near the fence dividing city property from Gail Doucette’s home. After an oil leak from an underground, city-owned tank in 2013, contaminated soil was removed, but test wells remain on Doucette’s property and vents like the ones extending above the tanks make it hard for the 77-year-old widow to forget. - Alison Jenkins — A brand new oil tank sits close to the fence dividing metropolis property from Gail Doucette’s house. After an oil leak from an underground, city-owned tank in 2013, contaminated soil was eliminated, however take a look at wells stay on Doucette’s property and vents like those extending above the tanks make it exhausting for the 77-year-old widow to overlook. – Alison Jenkins

Guarantee justice upheld

In a separate determination on a movement for advance fee of prices, Murphy determined the town should additionally pay $10,000 for Doucette’s court docket prices to permit her to take part within the attraction.

“One can be hard-pressed to discover a extra distinctive case for an award of advance fee prices,” wrote Murphy in her determination.

Since Doucette was pressured to take motion in opposition to the town as a result of her house is uninhabitable, Murphy mentioned she must be on a “degree taking part in area.”

Town can even need to pay the $3,000 it value for the choose to come back to that conclusion.

The City of Charlottetown is fighting to withhold compensation from Gail Doucette, a 77-year-old widow whose Maple Avenue home was contaminated by an oil spill on city property adjacent to hers in 2013. In March, Doucette was awarded $553,000 in damages by P.E.I. Supreme Court. On May 19, the Court of Appeal awarded the city a stay of the trial judge’s orders until an appeal of the case is decided. - Alison Jenkins — The Metropolis of Charlottetown is combating to withhold compensation from Gail Doucette, a 77-year-old widow whose Maple Avenue house was contaminated by an oil spill on metropolis property adjoining to hers in 2013. In March, Doucette was awarded $553,000 in damages by P.E.I. Supreme Court docket. On Might 19, the Court docket of Enchantment awarded the town a keep of the trial choose’s orders till an attraction of the case is determined. – Alison Jenkins

Bigger implications

The movement said Doucette was financially unable to pay for the attraction course of, however that it was vital for the attraction to go forward as a result of environmental litigation reminiscent of hers has bigger implications for society.

Town in flip argued that Doucette had not tried exhausting sufficient to seek out cash for the court docket course of, and advised she “receive financing utilizing present property” — that means her home and property.

Murphy noticed no benefit within the metropolis’s arguments, writing in her determination that Doucette “is barely subsisting on the revenue she earns … the one actual asset she has is contaminated with oil and is uninhabitable.”

The choose additionally said that Doucette’s lawyer is representing her on a professional bono foundation.

Town “additional asserts that Doucette was profitable at trial and in some unspecified time in the future sooner or later will obtain an award of prices.”

Murphy thought of the assertion irrelevant.

“I discover it tough to discern the argument of the town relating to ‘in some unspecified time in the future sooner or later’ Ms. Doucette will obtain an award of prices.

“Ms. Doucette requires funds now to be utilized to prices to arrange and reply to the attraction.”

The choose added that if Doucette didn’t obtain an advance in opposition to the price of the proceedings, she couldn’t take part within the attraction, which might create an injustice.

The attraction is scheduled for Oct. 18.

Alison Jenkins is a reporter with the SaltWire Community in Prince Edward Island. @AlisonEBC

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