Case information
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32394
Edward C. Cousins v. McColl-Frontenac Inc.
(New Brunswick) (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) |
|---|---|---|
| 2008-09-09 | Appeal removed from the list | |
| 2008-07-08 | Appeal closed | |
| 2008-07-08 | Discontinuance of the appeal, (by fax - original rec'd July 9/08) | Edward C. Cousins |
| 2008-04-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-04-23 | Appeal hearing, (previously Jan. 14/09) | |
| 2008-04-10 | Notice of appeal, (CD-Rom rec'd Apr. 16/08 - new CD rec'd Apr. 23/08), Completed on: 2008-04-17 | Edward C. Cousins |
| 2008-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-04-04 | Judgment on leave sent to the parties | |
| 2008-04-03 |
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 of New Brunswick, Numbers 94/06/CA and 159/06/CA, 2007 NBCA 83, dated October 18, 2007, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2008-02-18 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2008-02-11 | Applicant's reply to respondent's argument, Completed on: 2008-02-11 | Edward C. Cousins |
| 2008-02-01 | Respondent's response on the application for leave to appeal, Completed on: 2008-02-01 | McColl-Frontenac Inc. |
| 2008-01-04 | Correspondence received from, N. McHaffie - re.: Form rec'd Jan.4/08; not contentious | Edward C. Cousins |
| 2007-12-21 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2007-12-17 | Application for leave to appeal, (Trial (rec'd Jan. 4/08) and CA (rec'd Jan. 21/08) Orders requested), Completed on: 2008-01-21 | Edward C. Cousins |
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 |
|---|---|---|
| Cousins, Edward C. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McColl-Frontenac Inc. | Respondent | Active |
Counsel
Party: Cousins, Edward C.
Counsel
John P. Barry, Q.C.
Mercantile Ctr., 710 - 55 Union St.
P.O. Box 6010, RPO Brunswick Sq.
Saint John, New Brunswick
E2L 5B7
Telephone: (506) 633-4223
FAX: (506) 633-4206
Email: jyb@barryspalding.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: McColl-Frontenac Inc.
Counsel
ONe Brunswick Square, Suite 1500
Saint John, New Brunswick
E2L 4H8
Telephone: (506) 632-8900
FAX: (506) 632-8809
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Summary
Keywords
None.
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.
Environmental law - Damages - Calculation of damages - Long-term gasoline contamination at former rural filling station - Clean-up cost significantly more than value of property - Whether the damages for which a tortfeasor is liable for the contamination of real property to be true cost of remediation or restricted to the diminution in value of such property or, to the market value of the real property despite the true costs of remediation.
Mr. Cousins bought a closed service station in rural New Brunswick from Texaco Canada (later McColl-Frontenac) in 1986 for $45,100. This parcel of land was fuel contaminated. He later acquired two adjacent parcels, one acquired from the Roman Catholic Bishop in 1987 for $5,156.33, and the other, a former roadway acquired from the town in 2003. The contamination in the original parcel migrated to the Bishop’s parcel while it was still owned by Texaco Canada and continued to migrate after its acquisition by Mr. Cousins. The roadway parcel too was found to be contaminated. Mr. Cousins brought an action for damages. This action was considered in two phases. In Phase One, 2006 NBQB 255, McLellan J. found that the action could not succeed with respect to the Texaco property because the agreement for purchase and sale included an express “as is” clause. The Phase Two judgment, 2006 NBQB 406 (the judgment at bar), deals with the roadway parcel and the Bishop’s parcel. The value of the combined three parcels, if the contamination were to be completely remediated, was found to be $100,000. This would be only a small fraction of the clean-up cost.
Lower court rulings
Court of Queen’s Bench of New Brunswick
S/C/1009/99, 2006 NBQB 406
see file / voir dossier
Court of Appeal of New Brunswick
2007 NBCA 83, 94/06/CA, 159/06/CA
see file / voir dossier
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 613-996-8666 or at 1-844-365-9662.
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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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available