The defendants, Eaton and the City of London, moved for summary judgment to dismiss the plaintiff's environmental contamination claims as statute-barred.
The plaintiff alleged that historical manufacturing operations on the defendants' former property caused TCE contamination that migrated to the plaintiff's property.
The court found that the plaintiff had actual or objective knowledge of its potential claims against the defendants more than two years before seeking to add them to the action.
The court also rejected the plaintiff's argument that the ongoing migration of contaminants constituted a continuing tort or a continuing spill under the Environmental Protection Act.
The motions for summary judgment were granted and the claims against Eaton and the City were dismissed.
