April 20, 2019
The Supreme Court of Canada recently dismissed a Leave to Appeal from an Ottawa dry cleaner that had been held liable for $1.8 million in clean-up costs from spills of dry cleaning chemicals that occurred approximately 45 years ago.
In most legal cases, a party who wishes to appeal the decision of a lower court must obtain permission, or leave to appeal, from the higher Court. Generally, the losing party in a lawsuit may appeal their case to a higher court. If the higher court denies the leave to appeal, the decision of the lower court stands. If the court grants the appellant leave to appeal, the appeal process continues.
In June of 2018, the Ontario Court of Appeal released a decision dealing with the case Huang v. Fraser Hillary’s Limited. The owner of contaminated property, Mr. Huang, had sued the owner of a dry cleaner business who contaminated Mr. Huang’s property, Fraser Hillary’s Limited (FHL). Mr. Huang owns two commercial properties in Ottawa that are directly south of FHL’s property.