People living in Stoney Creek have begun filing lawsuits against GFL Environmental over a dump they claim has been causing unpleasant odors in their neighborhood for years.
As per the online Ontario court database, there were 18 lawsuits lodged against GFL Environmental Inc. in Hamilton as of June 8, with each seeking $250,000 for public and private nuisance, negligence, and statutory violations.
Lawyer Adam Bordignon mentioned that the online records do not fully capture the actual number of claims; as of June 3, there have been 33 lawsuits representing 56 residents.
He anticipates that more residents will come forward, potentially resulting in hundreds joining additional claims.
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A GFL facility located at 65 Green Mountain Rd. in Stoney Creek has been a source of foul smells, neighbours say, since 2023. (Aura Carreño Rosas/CBC)
The lawsuits filed in the Ontario Superior Court of Justice assert that GFL has not resolved the odor issue despite being aware of its impact on nearby residents and having faced intervention and fines from provincial authorities.
Since 2023, locals have reported odors resembling wet garbage, cat urine, fishy scents, and chemicals regularly affecting the Upper Stoney Creek area.
The filings also suggest that these smells pose a public health risk since residents have experienced headaches, nausea, respiratory issues, and sore throats due to them.
The allegations made in these lawsuits are yet to be proven in court. CBC Hamilton reached out to GFL for a response but did not receive any reply.
The facility at 65 Green Mountain Rd. W. has been owned by GFL since 2021; however, the landfill itself has existed in the area since 1996 under different management.
CBC Hamilton examined five out of the 33 statements of claim which shared similar allegations while also highlighting some personal experiences from each household involved. Bordignon noted to CBC Hamilton last week that most lawsuits contain largely similar claims.
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Tatyana Graham was one of several Stoney Creek residents who gathered outside City Hall last fall to protest the stinky GFL landfill. (Aura Carreño Rosas/CBC)
“If our area is considered unfit for a school then it is unfit for families who are living there and the only solution is to shut down the landfill,” Graham told the General Issues Committee (GIC) last year.
“We will not stop speaking we will not stop protesting we will not stop until we can breathe clean air in our neighbourhoods.”
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A History of Odors from the Landfill
The company stated in 2023 that leachate-a mix of potentially toxic liquids formed when rainwater seeps through waste-was responsible for the smell. The odor also arises when older waste is disturbed during construction work. This unpleasant scent has persisted on and off since then. According to lawsuit claims, there were a total of 1,109 odour complaints submitted to the Ministry of Environment, Conservation and Parks related to this landfill in 2023. That figure slightly decreased to 939 complaints in 2024 but surged again with over double-2,447-reported in 2025. Just one complaint was recorded back in 2021. The landfill has faced various provincial orders along with penalties and fines connected to these odor issues. It has also been discussed multiple times at Hamilton council meetings by Ward 9 councillor Brad Clark. Last year saw councillors passing motions urging the province to speed up closing down this landfill while seeking a court order for temporary closure at GFL’s facility. In early 2025 plans for building an elementary school near this dump were canceled by provincial authorities. At that time a spokesperson from the Ministry of Education indicated Minister Paul Caldera “shares the community’s concerns” after CBC Hamilton questioned whether this decision was influenced by proximity to GFL’s operations. Plans for constructing that school had previously been paused back in 2023 due to complaints about odors coming from the site.The local community surrounding this dump has repeatedly expressed their frustrations regarding how ongoing smells affect them year after year.
“If our area is considered unfit for a school then it is unfit for families who are living there and the only solution is to shut down the landfill,” Graham told the General Issues Committee (GIC) last year.
“We will not stop speaking we will not stop protesting we will not stop until we can breathe clean air in our neighbourhoods.”
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