Imperial Oil sought summary judgment against Worsley Rusholme Limited, arguing that a broad release clause in their agreement of purchase and sale precluded claims related to environmental contamination, including remigration of contaminants after closing.
Worsley contended that a subsequent Comfort Letter modified this release to allow such claims.
The court found the release provisions in the agreement to be comprehensive and unambiguous, explicitly covering post-closing remigration.
It determined that the Comfort Letter did not carve out Worsley's claim, as its wording focused on contamination outside the property boundaries and explicitly stated it did not limit liability assumption for post-closing migration onto the property.
The court granted partial summary judgment, dismissing Worsley's claim against Imperial Oil, finding no genuine issue for trial and that the partial summary judgment was appropriate given the distinct nature of the claims against Imperial Oil and the co-defendant AMEC Foster Wheeler Americas Limited.
