Park Place Centre Ltd. v. Ultramar Ltd.

摘要

Environmental law-Liability for environmental harm-Negligence-Defendant U Ltd. contracted to provide fuel oil to business complex owned and operated by plaintiff-U Ltd. hired defendant G & S Ltd. to deliver oil-During delivery, oil escaped from fuel storage tanks into tank room, and some oil escaped from tank room-Environmental assessment was conducted and spill remediated-Plaintiff brought action against defendants for damages in negligence arising from oil spill-Action allowed-Both G & S and U Ltd. owed plaintiff duty of care-Fuel tanks were equipped with overflow whistles which were working properly at time of delivery-Industry practice was to rely on sound of overflow whistle to alert delivery person when tank was full-G & S Ltd.