‘Persistent and noxious’: Stoney Creek residents file dozens of lawsuits due to stench at GFL landfill

A leachate holding pond attached to a landfill in Stoney Creek is shown from a resident's home. Leachate is the liquid that forms when rainwater filters through waste placed in a landfill. (Susan Chapman)

Dozens of residents living near a landfill in Stoney Creek, Ont., have filed separate lawsuits over what some describe as a “persistent and noxious” stench that has made their homes unlivable.

The plaintiffs all live in close proximity to the 185-acre Stoney Creek Regional Facility at 65 Green Mountain Rd. West, which is operated by GFL.

The facility has previously been the subject of multiple fines levied by the Ministry of the Environment, Conservation and Parks over odour issues, but residents say the smells have persisted.

As of Friday afternoon, a total of 33 civil lawsuits have been filed by residents as part of an organized effort.

Susan Chapman and her husband Todd are among the 50 plaintiffs. They have lived in their home, which is about a kilometre away from the dump, since 1995. Chapman told CP24 that they moved in a year before a landfill was constructed and were assured at the time that a golf course development was slated to replace the former quarry.

A year later, however, the landfill opened up at that location and has since doubled in size to hold up to 10.18 million cubic metres of waste.

GFL took over operation of the facility in 2021.

“I did not choose to live near a landfill,” Chapman said during an interview with CP24 on Thursday.

Chapman said that over the years there were some issues with odour from the site, but things got really bad in the summer of 2023 when a stifling ammonia stench began permeating her neighbourhood.

It was determined that the smell was due to a leachate issue and was addressed, said Chapman.

However, before long a strong chemical odour, resembling that of burning batteries or rubber, emerged, said Chapman.

GFL was subsequently ordered by the Ministry of the Environment to clean up a waste stockpile and while Chapman said that helped, strong odours continue to impact nearby residents to this day.

“I’ve been in the backyard when the stench just hits you,” said Chapman, adding that the odours also seep inside her house.

Chapman said two of her neighbours have sold their homes due to the stink.

“It’s very heart-wrenching,” she said.

Odours ‘escalated dramatically’: residents

Earlier this week, the Chapmans along with a number of other families filed civil claims with the Ontario Superior Court of Justice alleging odours emanating from this site have “escalated dramatically” since the spring of 2023 and are not being controlled or mitigated by GFL despite “repeated regulatory intervention, including Provincial Officer’s Orders, monetary penalties, and charges under Ontario’s environmental legislation.”

The claims say almost 4,500 odour complaints regarding the Stoney Creek landfill have been submitted to the Ministry of the Environment, Conservation and Parks since the so-called “summer of stink” in 2023.

The plaintiffs describe the smell from the dump as “resembling wet garbage, dead fish, cat urine, rotten eggs, and chemicals” and say it is detectable both outside and inside their homes.

They are each seeking at least $250,000 in general, special, and punitive damages for public and private “nuisance, negligence, and statutory breaches, including compensation for loss of property enjoyment, health impacts, and diminished property values.”

Specifically, they say the stink has prevented them from using their backyards, opening windows and enjoying everyday activities. It has also caused headaches, nausea, respiratory issues, persistent coughing, eye irritation and sore throats, the residents say.

Hamilton City Council passed a motion last year that directed city staff to investigate potential health impacts associated with odours from the site after monitoring data found that compounds emanating from it were higher than provincial standards.

In early 2025, councillors also unanimously passed two others motions to explore the potential for property tax relief for residents of Upper Stoney Creek due to the ongoing odour issues from the GFL landfill.

“Three years of a horrible stench that held residents captive in their own homes. They feel ignored and dismissed by the MoE (Minisry of the Environment) and the company- (GFl). So, litigation is their last hope,” local Coun. Brad Clark wrote in an email to CP24.

‘Persistent and overwhelming odours for years’

Lawyer Adam Bordignon, a lawyer for the plaintiffs, said this is a “case is about a community that has been forced to live with persistent and overwhelming odours for years.”

“Our clients allege that GFL has known about these issues, yet failed to take timely and effective steps to fix them. Residents are entitled to clean air and to enjoy their homes without constant interference,” he said in a news release.

Matthew Baer, who is also a counsel for the plaintiffs, added that they believe that through these actions, GFL will be “required to explain to residents what they knew about the odours emanating from the landfill and what they did or did not do about it.”

“We are concerned about the impact on the residents’ ability to enjoy their homes and the impact on property values,” he said.

Chapman said this effort is all about protecting her health and that of the community.

CP24 has reached out to GFL several times for comment but we have not heard back.

In a letter sent to Hamilton City Council in November, 2025, the company said that it was in the midst of a “multi-million-dollar” upgrade to address odour issues by enclosing its leachate treatment system. The company said that it has also been actively relocating stockpiled waste in keeping with a ministry order and that “occasionally, odours from these activities are noticeable off-site.”

“We are dedicated to conducting our business in an environmentally responsible and sustainable manner,” the letter noted.

According to GFL’s website, its Stoney Creek facility is “highly engineered” and “environmentally protective” with double membrane liners. The environmental services and waste management company notes that it is permitted to receive non-hazardous, residual materials, like those from the local steel industry and infrastructure development.