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Stuart & Stuart Trust v. Royal and Sun Alliance Ins. Co. of Canada.

Pays/Territoire
Canada
Type de cour
Nationale - cour supérieure
Date
Mar 12, 2004
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court
Siège de la cour
Halifax
Juge
MacDonald.
Numéro de référence
2004 NSSC 58
Langue
Anglais
Sujet
Déchets et substances dangereuses, Questions juridiques
Mot clé
Responsabilité/indemnisation Substances dangereuses
Résumé
For insurance contracts, the limitation period begins when when the material facts on which [the claim] is based have been discovered or ought to have been discovered by the Plaintiffs by the exercise of reasonable diligence. The Plaintiffs in this case were seeking indemnification for a major remediation project resulting from contaminated soil. The material facts are that they had a major environmental catastrophe on their hands, and this was not known until the 1998 investigation despite a persistent oil-smell in their basement dating from the mid-1980's. On the evidence, the Plaintiffs were reasonably diligent in handling this problem and therefore their claim was timely and not barred by contract or statute. Based on principles of interpretation involving insurance contracts, the plaintiffs were covered despite ambiguity in the contract.
Texte intégral
COU-156979.pdf