This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

Archway Holdings Limited operated an Esso service station, car wash, and convenience store in Riverview, New Brunswick. One morning, “noxious vapours” were reported near the area, and the Department of the Environment was called in to investigate the company’s property. Over the course of the investigations that followed, Archway was required to pay for tens of thousands of dollars’ worth of work. The company looked to its insurer for compensation, but the insurer stated that damage to the company’s own property was not covered by its insurance policy. When the case came before the New Brunswick Court of Queen’s Bench, the Court agreed with the insurer, and Archway’s claim was dismissed.