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
1The appellant accepted that it was responsible for the gas spill.
2There were numerous indications that liability was admitted by the appellant including substantial payments being made and that only damages needed to be qualified.
3The words used and conduct of the appellant reasonably lead to the conclusion that the appellant would not rely on the limitation period.
4The appeal is dismissed without costs.