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The Court of Appeal upheld a 60/40 liability apportionment for a residential oil spill and clarified that Pierringer settlement amounts are not deducted from a non-settling defendant's proportionate share unless there is double recovery.
On appeal from a trial judgment involving an oil tank leak at a residential property.
The trial judge found Thompson Fuels negligent for failing to conduct required comprehensive inspections and water testing of fuel oil tanks, but found the Technical Standards and Safety Authority (TSSA) not liable.
The plaintiff was found 60% contributorily negligent and Thompson Fuels 40% liable.
The appellate court upheld the trial judgment with one adjustment regarding betterment related to a line of credit.
The court addressed complex issues including the enforceability of exclusion clauses in consumer contracts, the application of regulatory obligations to civil liability, Pierringer agreements, and the calculation of damages in environmental contamination cases.
