This case was heard in the Nova Scotia Court of Appeal.
In an earlier trial, G&S Haulage Ltd. ("G&S") was ordered to pay damages to Park Place Centre Ltd. ("Park Place") to compensate for an oil spill that occurred after G&S overfilled the oil tanks a property owned by Park Place. The Trial Judge had held that both G&S and Park Place were negligent and had apportioned their respective degrees of liability accordingly. When G&S appealed to the Nova Scotia Court of Appeal, Park Place cross-appealed, with both parties arguing that the trial judge had erred in holding them negligent.
After considering whether the Trial Judge had made any errors in law or any palpable and overriding errors of fact, the Court of Appeal held that there was no reason to interfere with the lower court's decision. It therefore dismissed both the appeal and cross-appeal.