Third-party investigator finds no evidence to support allegations of city workers involved in soil-dumping conspiracy
Hamilton says a third-party investigator found no evidence to back up allegations that city employees were involved in a soil-dumping conspiracy at Waterdown Garden Supplies.
That means two employees named in a $75-million lawsuit filed in January against the city, who have been on paid leave, will now be reinstated.
But a summary of investigation findings released Thursday does not explain why the city allowed thousands of tonnes of mystery dirt to be dumped at the Flamborough site over two years despite ongoing neighbour complaints and an apparent court injunction dating back to 2015.
City officials are expected to take questions this morning on the investigative report, which has not been released in its entirety.
The Spectator reported in January on lawsuit allegations that city employees conspired with slain mobster Pat Musitano to illegally dump contaminated soil on the Hwy. 5 property near Troy - including thousands of loads from municipal job sites.
The claims have not been tested in court and the city filed a statement of defence last month denying the allegations, including any wrongdoing by its employees or liability for dumped polluted soil at the Flamborough site. It asked the court to dismiss the $75-million lawsuit.
The city's statement of claim did acknowledge 500 loads of dirt excavated from a Dundas roads project were taken to the property by Havana Group Supplies or its agents, but maintained it was clean soil."
A 2019 Spectator investigation into questionable business practices and alleged illegal dumping by Havana was followed later that year by a provincial order to the company, as well as other parties, to clean up any contaminated soil on the Waterdown Garden Supplies property. So far, no cleanup has happened.
The Spectator has reported Havana was founded by convicted fraudster Steve Sardinha and counted Musitano as a silent partner. Another company official, Grant Norton, was found murdered last year.
Gary McHale, who filed the lawsuit alongside other partners and the corporation of Waterdown Garden Supplies Inc., previously told The Spectator he has documentation he believes prove some of the soil transported from city projects was contaminated.
He also said he intended to file a motion in court to get the full, unredacted copy of the city's third-party investigation.
Some piles of soil on the property are 10 metres high, but it remains unclear how much of that dirt dumped over two years is dangerously polluted.
The province has acknowledged, however, that at least some of the soil is contaminated with unacceptable levels of lead, cyanide and oil-based contaminants. It has issued three cleanup orders at the site that so far have not been carried out.
A large shipping container is also buried in asphalt shingle waste at the site and the Ministry of Environment, Conservation and Parks has given the property owner until Dec. 20 to clean up recently discovered oil drums and any associated spillage.
The lawsuit against the city claims the 10-metre-high piles of soil are contaminated with cadmium, mercury, boron, zinc and petroleum hydrocarbons, among other substances.
Matthew Van Dongen is a transportation and environment reporter at for The Spectator. mvandongen@thespec.com