The plaintiff environmental remediation company sued the defendant property owner for $157,941.43 in unpaid invoices.
The defendant counterclaimed for $650,000, alleging the plaintiff over-remediated the property to a higher environmental standard than necessary.
The court found the property was highly contaminated due to a broken sewer pipe and lack of interceptor maintenance by the defendant's tenant.
The court accepted the plaintiff's evidence that the extensive remediation was required and dismissed the over-remediation counterclaim.
Judgment was granted for the plaintiff for the full amount claimed, plus contractual interest of 26.7% per annum based on the parties' course of dealing.
