The plaintiffs brought a subrogated claim against W.O. Stinson & Son Ltd. for negligence following an oil tank leak in their basement.
The claim alleged Stinson was negligent in repositioning the tank and during annual maintenance, specifically regarding water dip tests, warnings about corrosion, and recognizing signs of damage.
The court found that Stinson met the standard of care required of a fuel oil service contractor and supplier, complying with TSSA regulations and industry standards.
The court also found that the plaintiffs failed to establish causation, as it could not be proven that "but for" Stinson's actions or omissions, the leak would not have occurred.
Consequently, the plaintiffs' claim was dismissed.
Damages were also assessed for completeness, with some criticisms of the remediation costs.
