Background: Roger Snodden sued 2568832 Ontario Inc. (Upper Canada Fuel & Burner) and technician Norman Gourlie for damages after an oil spill at his home on June 1, 2018, costing over $400,000 in remediation.
First Decision:
- Expert Witness Issue: The court ruled on whether Michael Flynn, the plaintiff’s expert, qualified under Ontario's Rule 53. Although his report was initially non-compliant, the court allowed him to testify as a Rule 53 expert, rejecting his status as a "participant expert."
- Outcome: Flynn testified about the oil spill's origin and standard of care, though not on the technician's specific standard.
Second Decision:
- Liability: The court found that:
- Gourlie breached the standard of care by failing to properly inspect and address issues with the oil tank.
- Upper Canada partially breached regulatory requirements but was allowed to rely on the independent technician's inspection.
- Snodden was found contributorily negligent for delaying action after the oil leak, worsening the damage.
- Damages: Liability was apportioned among Gourlie, Upper Canada, and Snodden, based on each party's negligence. The exact financial award was adjusted according to their respective fault.
Final Outcome: Liability for the oil spill was shared, with Snodden's delay in response significantly impacting the damages awarded. The ruling emphasized both the importance of procedural compliance for experts and shared accountability in negligence. There was no clear single "successful party", as the responsibility was shared.
