Residents of Hazelbrook, Prince Edward Island, have launched a lawsuit against the provincial government alleging decades of failures in environmental oversight allowed PFAS contamination from a former construction and demolition disposal site to spread into groundwater, private property and drinking water supplies.
The lawsuit centres on a former construction and demolition disposal site in Hazelbrook along the Trans-Canada Highway. The plaintiffs allege the province failed to properly regulate, monitor and remediate contamination linked to the site, resulting in the migration of PFAS compounds into surrounding groundwater and onto private lands.
The Statement of Claim, filed May 27 in the Supreme Court of Prince Edward Island, was brought by Douglas Jenkins, Roberta Jenkins and their daughter against the Province of Prince Edward Island, represented by the Minister of Environment, Energy and Climate Action and the Attorney General.
According to the claim, the Jenkins family has relied on the land and groundwater in Hazelbrook for generations. The lawsuit alleges contamination from the nearby disposal site has compromised both their property and drinking water source, causing harm to their health, property and quality of life.
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The claim states the family was advised in January 2025 to stop using well water after provincial testing detected PFAS concentrations substantially exceeding Health Canada drinking water objectives.
The lawsuit, represented by Phillips Barristers PC, further alleges blood testing conducted on members of the Jenkins family revealed PFAS levels significantly above thresholds associated in scientific literature with increased risks of adverse health effects, including one reported blood serum level exceeding 113 ng/mL.
The plaintiffs are seeking damages for alleged personal injury, medical monitoring costs, psychological distress, contamination of land and groundwater, diminished property value and ongoing remediation expenses. The claim also seeks injunctive relief requiring additional environmental remediation and groundwater protection measures.
In addition to allegations of negligence, nuisance, trespass and strict liability, the lawsuit alleges breaches of Section 7 of the Canadian Charter of Rights and Freedoms. The plaintiffs argue the Province’s conduct deprived them of security of the person through exposure to toxic substances and prolonged uncertainty surrounding potential health impacts.
“The allegations in this claim arise from the province’s lack of environmental oversight, groundwater protection, and the responsibilities owed to Islanders and particularly those residents who rely on private wells for drinking water,” said Andrew Kirk, counsel for the plaintiffs with Phillips Barristers PC, in a statement. “These environmental concerns had been brought to the attention of the province for decades and yet very little, if anything, was done to protect the very people who raised these concerns,” he added.
The allegations contained in the Statement of Claim have not been proven in court. The province has not yet filed a Statement of Defence.
See Berendsen V Ontario – 4 days before the S of C opened ( 2000) for the second time – 2011, a settlement was reached and Bud B. Signed an NDA . There was no help from Sir David Suzuki and his enviromental following. All they had to do was cover his costs and enter the court. Win or Lose the Sir David and environmental following would have reaped lots of donors,
There is also Ernst v Encanca where the greatest S of C Justice Abella labelled Ernst a Vexatious Litigant. In either case , all that Bud Berendsen and Judith Ernst wanted was ‘Clean Water”.
What!