Shell Canada files suit in battle over who caused Burnaby oil spill
COMMENT: Canada's Transportation Safety Board is still investigating or producing its report on the Burnaby oil spill. These are lengthy investigations, disclosure of evidence and fault seldom if ever happens, and the usual recommendations are for procedural or technical changes that might reduce the risk of a similar incident in the future.
In the meantime, just about anybody with a grudge is suing. Shell is suing everybody but itself. Kinder Morgan is suing Burnaby and its contractors. Burnaby blames KM. Burnaby residents are suing Burnaby, the contractors, and KM.
WorkSafe BC "guidelines" put the ultimate onus on the excavator, who is expected to hand expose a pipeline before digging. Between KM, Burnaby, and its contractor, you can see the finger pointing started from the moment the excavator realized what he'd just opened up.
Sadly, it's a happy outcome for only one profession.
Neal Hall
Vancouver Sun
Wednesday, October 01, 2008
Vancouver - Shell Canada is suing the City of Burnaby, Trans Mountain Pipeline, Kinder Morgan Canada and two contractors for an oil spill in Burnaby last year.
It is the latest legal action in a flurry of lawsuits filed after more than 200,000 litres of crude oil gushed onto Inlet Drive when a contractor hired by the city was using an excavator that ruptured a pipeline during a sewer upgrade project on July 24, 2007.
The oil spill forced dozens of people from their homes and coated the nearby shoreline, causing millions in damages and cleanup costs.
The lawsuit, filed this week in B.C. Supreme Court, also names R.F. Binnie & Associates Ltd. and B. Cusano Contracting Inc. as defendants.
Cusano was hired by Burnaby to provide excavation services for the sewer upgrade and Binnie, an engineering and surveying services firm, was hired to oversee the project, the legal action says.
The lawsuit alleges the defendants were negligent in failing to ensure the sewer upgrade project complied with regulations when working within three metres of a pipeline, including having accurate maps and charts setting out the exact location of the pipeline.
Shell is seeking damages for the cost of cleaning up the oil spill and loss of business while its wharf and terminal facilities were shut down.
Earlier this year, Trans Mountain and Alberta-based Kinder Morgan Canada Inc. launched a lawsuit in B.C. Supreme Court claiming Burnaby and its contractors were negligent in carrying out the sewer work.
Burnaby later filed a statement of defence, blaming the pipeline's owner and manager for supplying inaccurate maps.
At least a dozen Burnaby residents affected by the oil spill have also filed lawsuits.
nhall@vancouversun.com
© Vancouver Sun 2008
Posted by Arthur Caldicott on 02 Oct 2008