The plaintiff's insurer brought a subrogated claim for damages resulting from a heating oil leak that required the demolition and reconstruction of the plaintiff's home.
The plaintiff alleged the defendant's oil burner technician negligently failed to replace a spin-on filter during an annual maintenance inspection.
The court admitted the plaintiff's expert evidence despite procedural defects, finding no prejudice to the defendant.
However, the court dismissed the action, concluding that the applicable standard of care was compliance with the Ontario Installation Code for Oil-Burning Equipment, which made filter replacement optional.
The technician had inspected the filter and found it in good condition, thereby meeting the standard of care.
