The appellant appealed a motion judge's decision finding that the respondent had fulfilled its obligations under Minutes of Settlement regarding the remediation of a former service station property.
The appellant argued that the respondent failed to conduct 'appropriate further testing' as required by the settlement.
The Court of Appeal dismissed the appeal, holding that the Minutes of Settlement, read as a whole, delegated the authority to determine what constituted appropriate further testing to an independent environmental consultant, and the respondent had complied with the consultant's determinations.
