McCarthy Tétrault successfully defended Procor Limited ("Procor") in a complex environmental contamination action concerning alleged perchloroethylene migration in Oakville. The plaintiff claimed Procor had dumped PCE, which allegedly traveled through groundwater into its property, advancing causes of action including negligence, nuisance, trespass, breach of Ontario’s Environmental Protection Act, and strict liability under Rylands v. Fletcher.
After a two-week trial, the Ontario Superior Court dismissed the claim. Justice Schabas held the action was statute-barred under the Limitations Act, 2002 and, even if timely, the plaintiff failed to prove causation. The Court found no evidence that Procor used or disposed of PCE, and accepted that other sources were more likely responsible. The decision also highlighted the plaintiff’s inability to substantiate damages, noting contamination was stable or declining and late damages reports were excluded.
Procor, headquartered in Oakville, Ontario, is a leading tank car leasing and maintenance company, operating Canada’s largest private railcar fleet and providing full-service solutions to industrial clients nationwide.
McCarthy Tétrault acted as counsel for Procor with a team led by Michael Rosenberg (Litigation) that included Alexander Steele and Aliya Hemani (Labour and Employment).