This case was heard in the Supreme Court of Nova Scotia.
After the Seligs sued Cook’s Oil Company Limited ("Cook’s") for having caused hydrocarbon contamination on their property, Cook’s brought a third-party claim against Parkhill Construction (1980) Limited ("Parkhill"), which Cook’s had hired to remove underground gasoline storage tanks and install new ones at a service station that it owned. Parkhill then brought a motion asking the Court to dismiss, in a summary judgment, the third-party claim against it, arguing that the facts of the case made it clear that Parkhill was not responsible for the contamination.
After considering the history of contamination in the area and the history of Parkhill’s activities at the service station, the Chambers Judge concluded that Cook’s had not established grounds for a case against Parkhill. As such, the Judge agreed that a summary judgment was appropriate, allowed Parkhill’s motion, and dismissed the third-party claim.
To read about this case in the Nova Scotia Court of Appeal, go to Selig v. Cook’s Oil Company Ltd., 2005 NSCA 36 (CanLII).