The appellants sued the provincial Crown for environmental damage caused by waste asphalt buried on their farm during highway reconstruction in the 1960s.
The respondent moved for summary judgment, arguing the action was barred by the six-month limitation period in s. 7 of the Public Authorities Protection Act.
The Supreme Court of Canada held that the disposal of waste asphalt on private land was an operational decision of a predominantly private character, not an act done in pursuance of a public duty.
Therefore, the usual six-year limitation period applied, and the action was not statute-barred.
