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Environment • Aboriginal • Energy


November 04, 2015

Continuing Nuisance Requires Proof of Additional Damage and Damages During the Prior Two Year Limitations Period, Court Confirms

On Thursday, October 22, 2015 the Ontario Court of Justice released its decision on a motion for summary judgment in a civil action for damages arising from environmental contamination. In Crombie v McColl-Frontenac, 2015 ONSC 6560, Justice Wright affirmed the law of continuing nuisance as we have understood it: that the law of “continuing nuisance” applies to environmental claims but only where there is actual evidence of additional damage during the two year limitation period immediately preceding the claim.

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