The Crown commenced a civil action seeking to recover environmental remediation costs arising from buried waste drums that contaminated groundwater.
The defendants moved to dismiss the action for delay and as statute-barred, while the Crown sought summary judgment against certain defendants relying on prior convictions under environmental legislation.
The court held that the claim was not barred by the applicable limitation period but refused summary judgment, finding genuine issues requiring trial, including damages and apportionment of liability.
Applying the Woodheath test, the court concluded that the approximately twenty‑one‑year delay in prosecuting the action was inordinate and inexcusable and created a presumption of prejudice that was not rebutted.
Given the death of key witnesses, fading memories, and lack of preserved evidence, the court found both presumed and actual prejudice and dismissed the action for delay.
