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Construction company fined $30,000 for Ontario Water Resources Act violation

Archived Court Bulletin

Construction company fined $30,000 for Ontario Water Resources Act violation

Convicted - Deltera Inc.

Location - Markham

Description of Offence -  The conviction relates to permitting the discharge of water containing sediment into the Don River.

Date of Offence - on or about November 4, 2015

Date of Conviction - February 8, 2018

Penalty Imposed - The court imposed a fine of $30,000 plus a Victim Fine Surcharge (VFS) of $7,500 with 1 year to pay.

Background - 

  • Deltera Inc. is a construction company that operates a condominium construction site on Graydon Hall Drive in the City of Toronto.
  • As a result of a large amount of groundwater being generated at the site, Deltera Inc. constructed a "Relief Well Array" for several wells on and around the property to deal with the groundwater.
  • On November 4, 2015, ministry staff observed a discharge of white suspended sediment to the East Don River. The discharge originated from the parking level 4 of the condominium site via a pipe leading to a fountainhead adjacent to the Don River.
  • Ministry staff took samples and determined that the discharge of suspended sediment had the potential to impair the quality of the East Don River by affecting benthic invertebrate communities, algae, and juvenile and adult fish communities.
  • The ministry reported their concerns to Deltera staff. 
  • The incident was referred to the ministry's Investigations and Enforcement Branch, resulting in charges being laid and the conviction.

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