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Oil Spill Leading to Questions of Limitations Period – Is It Possible to Commence Litigation?

April 04, 2015

Saturday April 4, 2015 - Bennett v. J.K. (Jim) Moore Ltd. (Jim Moore Petroleum), 2015 ONCA 217 

The Ontario Court of Appeal dealt with an environmental case surrounding the circumstances of an oil spill. The case initially did not include two respondents, but following the initial proceeding, papers were filed showing that the appellant intended to sue the two respondents, and that they were to blame for the oil spill as a renovation they had undertaken a number of years before lead to the rupture of fuel lines. 

The two respondents were not added as defendants to the case, as the judge did not accept the appellant’s motion to do so. This is essentially due to the fact there is a limitation period to bring a proceeding against a party; if a reasonable person would be able to foresee negligence from an action shortly following the action, they are unable to bring a complaint forward much later following the occurrence. 

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