This case was heard in the Supreme Court of Nova Scotia.

Park Place Centre Ltd. (“Park Place”) owned and operated a complex in Dartmouth, Nova Scotia, and Ultramar Ltd. (“Ultramar”) delivered oil to the complex on a weekly basis. Ultramar employed G&S Haulage Ltd. (“G&S”) to carry out the oil deliveries. After an oil spill during one of the regular deliveries, Park Place’s property was contaminated to the extent that remediation would cost roughly $300,000. Park Place then sued both Ultramar and G&S for negligence and breach of contract.

After considering the evidence and the relevant law and legal principles, the Court held that both Ultramar and G&S were liable for negligence. The Court also held that Park Place had been contributorily negligent, and it apportioned liability accordingly.

Both Ultramar and G&S cross-claimed against each other, with each corporation arguing that the other should be held liable for the damages that the Court had ordered them to pay. After considering the relevant law and legal principles, the Court held that because Ultramar had been held to be vicariously liable for G&S’s negligence, G&S should indemnify Ultramar for the damages that Ultramar had been ordered to pay.

To read a related decision, go to Park Place Centre Ltd. v. Ultramar Ltd., 2010 NSSC 39 (CanLII).