Being Proactive With Environmental Claims Case Study: Albert Bloom Limited v. London Transit Commission

This matter involves the appeal of a third party's motion for summary judgement on the grounds of a claim being statute barred. The defendant, in this case, attempted to join the third party to the action several years after the claim began on the basis that they had no knowledge of their involvement until well after they replied to the plaintiff's claim. This case demonstrates, however, that what constitutes knowledge of a potential claim, and a party's obligation to further investigate potential claims when evidence is presented to them.

Facts

The case revolved around a dispute between the London Transit Commission ("LTC") and Eaton Industries ("Eaton"). The LTC operated on a property comprised of three lots conveyed to it by the City of London ("London").