This case was heard in the Supreme Court of Nova Scotia.
The numbered company 3021386 Nova Scotia Ltd. purchased property from the Municipality of the District of Barrington. Before the numbered company purchased the property, it had been the site of the Barrington Municipal High School and had been managed and controlled by the Tri-County Regional School Board. When the numbered company discovered hydrocarbon contamination on the property, it sued both the Municipality and the School Board for negligence. In turn, the defendants brought a motion for summary judgment, asking the Court to dismiss the company’s claims against them.
In order for the Court to grant the summary judgment, it had to be convinced that the numbered company’s claims were unsustainable—that is, that they disclosed no reasonable cause of action. Although the Court found that certain of the company’s claims needed to be amended, it held that there were reasonable grounds for negligence suits, and that the matter demanded a full hearing. It therefore dismissed the defendants’ claims for summary judgment.
To read related decisions, go to:
3021386 Nova Scotia Ltd. v. Barrington (Municipality), 2014 NSSC 1 (CanLII)
3021386 Nova Scotia Ltd. v. Barrington (Municipality), 2014 NSSC 313 (CanLII)
3021386 Nova Scotia Ltd. v. Barrington (Municipality), 2015 NSCA 30 (CanLII)