Fraser Hillary's Limited v. Eddy Huang, et al.

(Ontario) (Civil) (By Leave)


Torts - Nuisance - 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?.


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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.