Court Orders Picton Terminals to Remove Equipment and Stockpiles

June 19, 2018 – Picton, Ontario

In a decision released yesterday by the Ontario Superior Court of Justice, Picton Terminals has been ordered to remove portable industrial equipment and aggregate stockpiles stored on the northeast portion of its Picton Bay site.

“We are pleased with this decision,” said Dave Sutherland of Save Picton Bay, the applicant. “It reflects the fact that both Picton Terminals and the County have been allowing the site to be used in ways that contravene the current zoning. We hope the company and the County will work to ensure prompt compliance as directed by the Court.”

Other aspects of the decision appear to raise questions regarding certain legal findings. “We are reviewing the decision and hope to meet with our client for discussion in the near future,” said Eric Gillespie, counsel for Save Picton Bay.

Full text of the judge’s decision is here: Save Picton Bay, court decision, June 2018

“A serious and imminent danger”

In December 2017, Environment and Climate Change Canada issued a report on samplings it collected in November from water seeping out of the Picton Terminals’ site into Picton Bay.

A telling quote:  “…That at the Picton Terminals… there occurs a deposit of a deleterious substance in water frequented by fish that is not authorized under the Fisheries Act and/or there is a serious and imminent danger of a deposit of a deleterious substance in water frequented by fish.”

More than one deleterious substance, it turns out.  By the way, deleterious is legal-talk for ‘injurious to health.’

The report isn’t long, but it’s quite alarming.  Especially points 1 and 12 – 14.  Read it here: ECCC 2017 12 PT report