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ARTICLE · 05 AUGUST 2014

Environmental Consultant’s Negligence Claim To Proceed

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Environmental consultant's negligence claims for failing to clean up contaminated sites continue to multiply.

CanadaEmployment and HR
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Environmental consultant's negligence claims for failing to clean up contaminated sites continue to multiply. The Ontario Superior Court recently allowed a professional negligence lawsuit to go ahead against an Ontario environmental consultant, XCG, despite a long delay, which,  according to XCG, was causing it unfair prejudice.

In 3 Dogs Real Estate Corporation v. XCG Consultants Limited, 2014 ONSC 2251, the plaintiff bought residential property for renovation after an allegedly successful cleanup by XCG. Part way through the renovation, more contamination was found. XCG went back in and completed the cleanup, but the process delayed the renovation and resale of the property by about 18 months. The delay allegedly pushed the plaintiff close to insolvency. They started an environmental consultant's negligence lawsuit against XCG for economic loss, but let it languish for two years with no progress, due to insufficient funds.

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