The plaintiffs suffered a residential fuel oil spill when their outdoor tank, which was labelled for indoor use, corroded and leaked.
They sued their fuel oil supplier, Ultramar, and its sub-contractor, Kilpatrick Fuels, in negligence and breach of contract.
The court found that the defendants breached the standard of care under the Technical Standards and Safety Act regime by failing to properly inspect, tag, and mandate the replacement of the non-compliant tank.
However, the court also found the plaintiffs contributorily negligent for failing to maintain their heating system.
Liability was apportioned 60% to Ultramar and 40% to the plaintiffs, with Ultramar entitled to 50% contribution from Kilpatrick.
The plaintiffs were awarded agreed subrogated damages of $750,000 and general damages of $30,000.
