This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).
The Beers hired Jacques Whitford Environment Limited to do soil tests on a property that they intended to purchase, and where they intended operate a gas station and convenience store. After they purchased the property, they discovered hydrocarbon contamination that had not been identified by Jacques Whitford Environmental. The Beers then sued Jacques Whitford Environmental for the damages they incurred as a result of the company’s inaccurate soil testing.
Jacques Whitford Environmental admitted its liability, and so only question before the Court was the quantum (amount) of damages that the Beers should receive.