What is the test for damages arising from the occupation and use of certain lands as a gas service station from 1985 to 1997?
British Columbia, Canada
The following excerpt is from ML Plaza Holdings Ltd. v. Imperial Oil Limited, 2006 BCSC 352 (CanLII):
The plaintiff’s claim is for damages arising from the defendant’s occupation and use of certain lands as a gas service station from 1985 to 1997. The plaintiff claims the defendants’ negligence has caused hydrocarbon contamination of the sub-soils and sub-surface waters, with resulting loss and damage to the plaintiff. It has advanced a number of alternative claims—namely (i) a claim for damages arising from the defendants’ creation of a continuing nuisance on the property; (ii) a claim for damages under the doctrine in Rylands v. Fletcher (1866) L.R. 1 Ex. 265 at 279, affirmed (1868), L.R. 3 H.L. 330; and finally (iii) a claim for indemnification under the terms of the lease.
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