DATE: 20050916

DOCKET: C42927

COURT OF APPEAL FOR ONTARIO

RE:

MURPHY OIL COMPANY LTD. (Plaintiff/Respondent) –and- COMMERCIAL PETROLEUM AND HYDRAULIC SERVICE LIMITED O/A UNITED REPAIR SERVICE (Defendant/Appellant)

BEFORE:

LABROSSE, SHARPE and ROULEAU

COUNSEL:

Vincent G. Burns

for the appellant

Gregory R. Birston and Chantal M. Brochu

for the respondent

HEARD & ENDORSED:

September 15, 2005

On appeal from the judgment of McCartney J. of the Superior Court of Justice dated November 19, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant accepted that it was responsible for the gas spill.

[2] There were numerous indications that liability was admitted by the appellant including substantial payments being made and that only damages needed to be qualified.

[3] The words used and conduct of the appellant reasonably lead to the conclusion that the appellant would not rely on the limitation period.

[4] The appeal is dismissed without costs.