Interesting Decision In Fuel Oil Spill Case

There is an interesting decision recently out of Orangeville arising out of a residential fuel oil spill. The case is Thornhill v. Highland, a decision of Mr. Justice Edwards. It is under appeal, although it is unknown whether the appeal will go the distance.

Very few of these residential oil spill situations actually go to trial. This case is very interesting. I would say it has something in it for everyone.

First and foremost it shows that a plaintiff on a subro claim for over a million dollars can get shut out. Mr. Justice Edwards dismissed the plaintiff's claim on the basis that they could not prove liability on any of the defendants. The defendants comprised the usual group of players in any oil spill case being the manufacturer of the oil tank, the service provider, the installer and the fuel distributor.