Stoney Creek residents suing GFL Environmental over landfill stench

Around 70 Stoney Creek residents have filed a lawsuit against GFL Environmental, the company in charge of a landfill that has caused pungent odours on-and-off in the neighbourhood for more than three years.

Residents say the smell can be so overbearing it causes headaches and a chronic cough, and means they often can’t go outside.

“If the wind is blowing our way, we are just annihilated with smell so that we have to close our windows, and even still sometimes the smell is in our house,” said Jennifer Magarrey, who lives in Stoney Creek.

Magarrey is one of dozens of Upper Stoney Creek residents who say they’re fed up with the smell emanating from a nearby landfill.

She says the odour has been on-and-off for the past three years and causes headaches and even a chronic cough.

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“That’s the best way I can describe the smell — it’s cat pee and burning rubber maybe?,” said Magarrey. “It’s a terrible smell.”

Neighbours have reported the issue to the city and Ministry of Environment repeatedly over the last three years, leading the province to fine GFL Environmental at least twice.

The company has told the city it has treated the leachate leak that caused the stink in 2023, but neighbours say the odours have persisted.

Now, Jennifer and around 70 others are taking legal action against GFL.

“And so there’s certainly a feeling of frustration among residents that their concerns aren’t being taken seriously,” said Adam Bordignon, a lawyer with Napoli Shkolnik Canada, “and so these lawsuits provide an opportunity for residents to take matters into their own hands.”

Residents are seeking $250,000 in damages, as well as special and punitive damages to be determined by the court.

Lawyers say they’re expecting more residents to file claims over the coming months.

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“They’re seeking compensation, and they’re also seeking to hold GFL accountable for these impacts,” said Bordignon.

Neighbours say the smell issue started around three years ago, and their ultimate goal is to have the dump shut down.

“We want them shut down,” said Magarrey. “Ultimately, a money settlement isn’t going to mean anything if the smell continues.”

The MPP of Flamborough-Glanbrook Donna Skelly, says the number of complaints the Ministry of Environment is receiving has significantly dropped this year, following more mitigation efforts from GFL.

But she adds that the government isn’t looking to close the property, instead it is saying it’s needed to store waste from the nearby steel industry.

“The easy solution would be to shut it down, but that simply can’t happen,” said Skelly.

Lawyers say they’re hoping to join all of the claims into a single proceeding when the case makes it to court, but they say that’s still several months away.

GFL has not responded to CHCH News’ request for an interview.

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