Florence Low, the plaintiff, alleged various causes of action against Petro Canada in contract, negligence, trespass, nuisance and breach of statute, all arising out of the leakage or spillage of gasoline on commercial property owned by Low, which had been leased by Petro Canada for use as a gas bar. Low alleged that the level and quality of contamination exceeded the applicable standards and requirements set out in the Waste Management Act triggering an obligation upon Petro Canada to remediate or pay the costs of remediation.
Petro Canada did not admit causing the damage to the land. Petro Canada undertook a remediation of the lands to remove certain petroleum hydrocarbons in the soils of the lands. Petro Canada did so in good faith and without admitting liability. Letters were brought into evidence from Petro Canada that purported to admit liability for the contamination.
The Court found that the damage to Low's property was direct, and the two year limitation was applicable. The Judge further indicated that Petro Canada confirmed the cause of action within two years before Low commenced her action through correspondence.