Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38282
Fraser Hillary's Limited v. Eddy Huang, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-05-07 | Close file on Leave | |
| 2019-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-04-12 | Judgment on leave sent to the parties | |
| 2019-04-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C63576 and C63592, 2018 ONCA 527, dated June 8, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-02-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-10-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-10-19 | Fraser Hillary's Limited |
| 2018-10-10 | Certificate (on limitations to public access), (Letter Form) | Eddy Huang |
| 2018-10-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-10 | Eddy Huang |
| 2018-10-09 | Correspondence received from, Respondents: Michael Rankin and Jonathan O’Hara Counsels for the Respondent Eddy Huang. Christopher Reil and Jeremy Rubenstein Counsels for the Respondent David Hillary. | Eddy Huang |
| 2018-09-28 | Correspondence received from, RE:Questionnaire CA Order excepted on October 19, 2018 | Fraser Hillary's Limited |
| 2018-09-12 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018-09-12 | |
| 2018-09-07 | Certificate (on limitations to public access), (Letter Form) | Fraser Hillary's Limited |
| 2018-09-07 | Notice of name, (Letter Form) | Fraser Hillary's Limited |
| 2018-09-07 | Application for leave to appeal, (Book Form), CA Order missing (rec'd 2018-11-06), Completed on: 2018-11-06 | Fraser Hillary's Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Fraser Hillary's Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Huang, Eddy | Respondent | Active |
| Hillary, David | Respondent | Active |
Counsel
Party: Fraser Hillary's Limited
Counsel
Jonathan O'Hara
2000-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 691-6111
FAX: (613) 231-3191
Email: michael.rankin@mcmillan.ca
Party: Huang, Eddy
Counsel
Cheryl Gerhard McLuckie
979 Wellington Street West
Ottawa, Ontario
K1Y 2X7
Telephone: (613) 241-3400
Email: mhebert@beament.com
Party: Hillary, David
Counsel
Jeremy Rubenstein
169 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 237-0520
FAX: (613) 237-3163
Email: creil@williamslitigation.ca
Summary
Keywords
Torts — Nuisance — Liability under s. 99 of Environmental Protection Act, R.S.O. 1990, c. E.19 — Whether reasonable foreseeability of harm is a requirement of the tort of private nuisance in Canada — Whether Part X of the Environmental Protection Act applies to discharges that occurred prior its enactment in 1985?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Fraser Hillary’s Limited owns lands on which it operates a dry cleaning business. From 1960 to 1974, it spilled dry cleaning solvents. It contaminated its lands and groundwater and the lands and groundwater of two properties owned by Mr. Huang. Mr. Huang discovered the contamination in 2002. He commenced an action claiming declaratory relief and damages under nuisance, negligence, trespass, s. 99 of the Environmental Protection Act, R.S.O. 1990, c. E.19, and the doctrine of strict liability. The trial judge found Fraser Hillary’s Limited liable in nuisance and under the Environmental Protection Act. He awarded $1,632,500.00 to Mr. Huang for the cost to remediate his lands and $201,726.71 for engineering costs incurred before trial. He dismissed all other claims. Fraser Hillary’s Limited and Mr. Huang appealed. The Court of Appeal dismissed both appeals.
Lower court rulings
Ontario Superior Court of Justice
07-CV-39359
Damages awarded, declaratory relief denied
Court of Appeal for Ontario
2018 ONCA 527, C63576, C63592
Appeals dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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