Can A Landlord Be Sued For Historical Contamination Potentially Caused By Its Tenant?

A recent decision on a summary judgement motion underscores the difficulty inherent in suing a landlord for contamination caused by its tenant.

In Sorban Investments Ltd v Litwack, 2017 ONSC 706, several Defendants successfully brought a motion for summary judgement dismissing the plaintiff's claims against them. The Plaintiff owns land abutting the property formerly owned by the Defendants, and was seeking damages in nuisance, strict liability (Rylands v Fletcher), and negligence as well as under section 99 of the Environmental Protection Act. The Plaintiff's property became contaminated by PCE and other chemicals used in dry-cleaning operations, the fact of which was discovered in 2010. In the early- to mid-1990s, the Defendants leased their property for use as a dry cleaning operation. The Defendants sold the property in 2007.