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ARTICLE · 30 DECEMBER 2015

Summary Dismissal Available On Causation Issues In Environmental Contamination Case

Borden Ladner Gervais LLP
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To succeed on its summary dismissal application, Shell had to establish that it had no involvement in the contamination of the Plaintiffs' homes.

CanadaEnvironment
Michael Marion
Michael Marion
Daniel Johnson
Daniel Johnson
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In Floate v Gas Plus Inc. 2015 ABQB 725, the Alberta Court of Queen's Bench recently granted summary dismissal to Shell Canada Limited ("Shell"), a case stemming from ongoing litigation (see our previous post here). The case is notable for the Court's willingness to grant summary judgment on a causation issue which would historically be held to be an issue requiring trial. It serves as a warning to parties opposing summary judgment applications to ensure they put forward their best evidence.

Background

In the GasPlus case (indexed as Floate v Gas Plus), several homeowners are suing GasPlus Inc., and several other parties, including Shell, in relation to a hydrocarbon release from a service station in April 2010. Shell had owned the service station between 1977 and 1988 and had dealer licence agreements in place with subsequent owners until 2000. On the evidence before the court, Shell's involvement with the site ceased in 2000.

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