January 11, 2008

Trans Mountain Pipeline and Kinder Morgan Canada launch suit over Burnaby pipeline bust

Allege city and contractor responsible for suburban oil spill

VANCOUVER

The owner of the pipeline that spewed a gusher of oil over a suburban Vancouver neighbourhood last summer is suing the City of Burnaby and an excavation contractor, alleging they were responsible for the rupture.

The B.C. Supreme Court lawsuit was filed by Trans Mountain Pipeline and Kinder Morgan Canada.

The lawsuit claims the city and its contractors didn’t follow specific National Energy Board requirements for digging a new sewer line, including hand digging around the oil pipeline.

The pipeline gushed about 230,000 litres of oil over neighbouring homes, gardens, vehicles and into nearby Burrard Inlet before the line was shut down.

“At all material times, the city knew that the Trans Mountain Pipeline travelled underground in the vicinity of Inlet Drive, Burnaby,” the lawsuit states.

The lawsuit claims the city, just east of Vancouver, and Cusano Contracting failed to prepare accurate maps and used equipment it should have known was inappropriate for excavation near the pipeline.

It goes on to claim that the city should have known that failing to do so would “render the construction zone dangerous to the health and safety of the nearby residents and wildlife.”

After the incident, 14 residents reported suffering from nausea, throat irritations and headaches.

The oil spread for several days after the rupture to nearby parks and beaches along the north shore if the inlet.

The oil sheen could be seen as far as Canada Place in downtown Vancouver and Deep Cove, in the District of North Vancouver where one park had to be closed.

Trans Mountain and Kinder Morgan are claiming damages to their reputation, for repair and clean up costs, for the lost oil and legal costs.

The defendants filed notice with the court Jan. 3, that they would be filing a statement of defence within two weeks.

Canadian Press

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