Homeowners near Stoney Creek landfill say they were told it was going to close

People who live in the Hamilton community of Stoney Creek have been complaining about a stench caused by leachate from a nearby landfill for years.

The Ministry of Environment, Conservation and Parks is working with GFL Environmental, who runs the landfill, to correct the problem, but it has raised another issue homeowners say has gone unaddressed: claims of broken promises.

Nana El Zeinab bought a home here in 2016. “We saw the area, it’s nice and quiet,” she said.

El Zeinab also knew about the large landfill too, located on Green Mountain Road. It was created in 1996, long before many homes were built around it, including hers.

“When we purchased the home, we got the confirmation that it’s going to be shut down and be a golf course in a few years,” El Zeinab said. She said her realtor told her that information.

Then in 2019, the Ministry of Environment, Conservation and Parks approved plans for the landfill to expand, extending its ability to remain open for years to come.

For El Zeinab and other homeowners who’ve been complaining about the stench, the news was devastating. Many homeowners say had they known the landfill would continue operating, it would have made them reconsider purchasing a home here.

But that verbal promise, El Zeinab and others say they were given, was never put in writing.

“The point is a verbal broken promise is much more common than one would assume,” said Attorney Shayan Kamalie, who specializes in contract disputes.

“Many people have informal dealings and don’t put everything in writing. But the courts recognize this reality and do their best to try to correct these injustices,” said Kamalie.

Kamalie has had success in suing for broken verbal promises in the past but said it all depends on the specifics of the case.

“Just because someone said something that didn’t turn out to be true isn’t on its own enough to establish liability. The claimant must show that they relied on the representation.”

This complicates things for people like El Zeinab. In their purchase agreement, they signed an acknowledgement form stating there was a landfill nearby and it is expected to continue for several years. But even with that, Kamalie said they could still have a case.

“Obviously without anything in writing, it is a bit more difficult to prove that there was a promise. Because often you’ll see that the promisor will deny having made that promise in the first place. But there are several strategies that lawyers can use in cases like this, and it really does depend on the facts of the case.”

Kamalie said an attorney would have to investigate the nature of the discussion to see if there were any witnesses who heard the verbal promise.

“Also, are there multiple people making the same claims? What’s the historical nature between the parties? There are things that we could try to look at but it is an added challenge because you have to prove that a verbal promise was made.”

CityNews reached out to a realtor, who did not want their name used for this story, but sold homes in Stoney Creek around the time El Zeinab bought hers.

They said they too were under the impression the landfill would be closing but claims to have never given clients a promise nor a timeline.

They said conversations with the previous landfill owners at the time indicated plans were to create a park or golf course after it reached capacity, which back in 2016, was set to happen in a few years. But that changed after the expansion approval as did the operators of the landfill.

The landfill has changed ownership three times since 2005, recently purchased by GFL Environmental Inc. in 2021, around two years after it was allowed to expand. According to GFL’s website, plans to create a park or golf course are still mentioned but only after the landfill reaches capacity which could now take several more years.

Whether residents who bought homes here have a legal case to pursue, Kamalie can’t say without investigating further. In the end, he said the best practice, whether buying a home or something else, is to always get a promise in writing.

“At a minimum, confirm the promise in writing after it was made. Alternatively make notes of a meeting which is obviously far less superior than getting it in writing, but it’s better than nothing,” he said. “ I’ve also had clients record conversations, which can go a long way. The idea here is to limit the possibility that the person making the promise will later deny that he or she made that promise.”