The Crown appealed a trial judgment finding it liable for withheld rent and extensive asbestos re-cleaning costs at a leased property.
Old Colony appealed the finding that it was liable to pay its cleaning contractor, Power Vac.
The Court of Appeal dismissed both liability appeals, finding the Crown's failure to follow safety regulations caused the contamination and labour dispute, and that Power Vac had substantially performed its contract.
However, the Court allowed the Crown's appeal regarding costs, setting aside the trial judge's order that the Crown pay the costs of the separate action between Old Colony and Power Vac.
