A recycling and waste collection company is suing the city for $67 million in damages.
Between August 1, 2012 and September 30, 2017 Emterra Environmental was contracted to provide weekly cart collection for garbage and recycling, weekly manual bulk waste collection and bi-weekly manual yard waste collection.
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In a Statement of Claim filed in the Court of Queen’s Bench, Emterra say the City breached its contract and did damage to the company when it “failed to meet its obligations, cut corners and changed the scope of work mid contract”
“It was a disaster.” said Robert Tapper with Tapper Cuddy LLP, the law firm representing Emterra.
“They kept persevering through it in the hopes that it would get better.”
In a news release, Emterra also alleges the city:
• Failed to supply extensive, correct data that would be used by the company for route sequencing and equipment and labour planning.
• Purchased garbage and recycling carts that failed City’s own specifications and would not last 10 years.
• Abused its rights and powers as the contract administrator by assessing punitive penalties without allowing due process and refusing to participate in the appeal and dispute settlement mechanisms contained in the contract.
• Changed the scope of work without notifying Emterra but expecting the company to absorb the work without additional compensation.
City officials declined comment, noting the matter is now before the courts
“I have no doubt our officials will be reviewing it and will respond accordingly in due course.” Said Mayor Brian Bowman.
The allegations have not been proven in court.
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