The case 10379875 Canada Inc. v. TIW Industries Ltd. centers on environmental contamination claims related to 65 Heward Avenue, Toronto.
Issue: Plaintiffs seek damages for contamination allegedly caused by prior industrial activities at the site.
Key Legal Points:
- Jurisdiction (Akzo Nobel N.V.):
- Akzo Nobel N.V. (Netherlands-based) moved to dismiss the case, claiming no connection to Ontario.
- Outcome: The court agreed, dismissing the claim against Akzo Nobel N.V., finding no substantial link to Ontario?.
- Motion to Strike (Other Defendants):
- Defendants sought to strike the claim, arguing no reasonable cause of action, plaintiffs’ prior knowledge of contamination, and expired limitation periods.
- Outcome: The court dismissed the motion, ruling that the claims were adequately detailed and could proceed to trial?.
Contamination Claims:
- The site contamination includes volatile organic compounds (VOCs) and other hazardous materials from past industrial use?.
- The Plaintiffs allege negligence, strict liability (Rylands v. Fletcher), and seek compensation under the Environmental Protection Act.
Court’s Decision:
- The court found the claims viable and not bound by expired limitation periods. The case against all Defendants except Akzo Nobel N.V. moves forward, requiring expert evidence on contamination and remediation.
- Akzo Nobel N.V. is successful at this stage of the litigation. It succeeded in getting the claim against it dismissed on the grounds that the Ontario court lacked jurisdiction over the company.
- On the other hand, the Plaintiffs successfully resisted the motion to strike by other defendants, allowing their case to proceed?.
- No monetary award was specified.
