Little Shuswap band suing industrial company, alleging 'contaminated' land

Photo: Contributed

A Kamloops-area First Nation is suing an industrial company, alleging it “contaminated” band lands.

The Little Shuswap Lake Band filed a notice of civil claim in BC. Supreme Court last week against Enviro-Sorb Wood Shavings Inc. and Trevor Kuryvial, described in the court document as the company’s principal.

According to the document, Enviro-Sorb signed a 10-year-lease with the band that expired at the end of last year. Terms of a permit agreement referenced in the notice of claim state the company was prohibited from leaving waste in the area or any kind of contamination.

The agreement required the company to remove all works, repair all damage and “leave the permit area in good condition.”

In the document, the band claims Enviro-Sorb failed to clean up “in a manner that allowed chemicals, toxins and other contaminants to be spilled on the ground, thereby contaminating the soil.” The band also alleges the company failed to “remove buildings and other fixtures from the land at the termination of the permit period.”

According to the band, Enviro-Sorb overstayed its permit by five months. In that time, the band said it demanded remediation work that was never completed.

“Following the refusal, neglect and/or failure of Kuryvial and Enviro-Sorb to remediate the contamination of and waste to the land, [the band] has remediated and continues to remediate the land so that it is or will become free of contamination and waste,” the claim reads.

The band is asking a judge to award damages and costs, though no dollar amount is set out.

Kuryvial and Enviro-Sorb will have 21 days to respond once they’ve been served. None of the allegations in the claim have been proven in court.