Supreme Court Judge Gerald Moir has ordered the Halifax Regional Municipality to pay Allison Willis $81,125 in damages for a smelly sewage plant the municipality constructed next to Willis’ property.
Willis is a 70-year-old man who was born on, and lived his entire life on, a farm in North Preston. A sewage plant was constructed next to Willis’ property sometime in the 1960s, and that plant operated without complaint from Willis.
But in 1988 that plant was replaced with a new one. The second plant was the cause of much consternation and unease to Willis; he, his relatives and friends testified that the plant was “wretched,” “nauseating” and had “a strong sewage smell” that blended the odours of sour milk and excrement. Willis testified that he could not barbecue outdoors because of the smell, and he had to keep his windows and doors shut.
The plant also had problems that resulted in the high potassium levels in Lake Winder, into which effluent from the plant flowed. Those problems were not resolved until the plant was replaced with a third plant last year.
In his ruling, judge Moir makes note of HRM employees’ “attack on Mr. Willis’ credibility,” and says that those attacks”involve several assertions that I reject.”
Moir’s judgement is for $55,000, plus 2.5 percent annual interest compounded over 19 years.
Read the complete ruling here.
This article appears in Aug 20-26, 2009.
