Migrating Fuel Oil to Neighbouring Property
Once it was determined that a fuel oil leak had occurred on a multi-residential property in Kitchener, XCG was requested to represent the interests of the owner and insurer of the neighbouring single family residential property. This project was completed with the oversight of legal counsel.
The project commenced with investigations of possible fuel oil sources on the subject property as well as a review of analytical results and measurements of shallow groundwater flow supplied by the representatives of the neighbouring property.
In providing project review and legal defense for the owner of the subject property and insurer (Dumfries Mutual Insurance Co.), XCG’s scope of work over 5 years included:
Observing all activities on the neighbouring property with respect to free-product fuel oil collection by vac-truck from monitoring wells and a collection sump positioned on the mutual property boundary;
Review and all comment on all documentation prepared by representatives of the neighbouring property owner;
Monitoring the fuel oil –impacted groundwater quality and direction of flow throughout the remedial activities on the neighbouring;
Providing expert opinion services to legal counsel and insurers for the owner of the subject property;
Oversee and confirm the success of concurrent remediation activities along the footings of the home on the subject property (piano key removal of impacted soil at the base of the footings with unshrinkable fill and groundwater collection with a vac-truck and later in an on-site pump-and-treat system on the neighbouring property;
Assess and confirm that the fuel-oil impacted soil and groundwater below the subject and neighbouring properties; and
Liaise with the owner of the subject property, the insurer and legal counsel, as well as the representatives of the neighbouring property (insurer, consultant and remediation contractor).
The multi-unit residential apartment building was eventually demolished to access the impacted groundwater and soil below that building and to allow accessing the footings at the neighbouring residence.
Over the five years of oversight and project review, XCG’s consulting labour and remediation disbursements was approximately $135,000, which included over $55,000 for shared remediation activities requested for subrogation.