We represented the sellers of an apartment building who were sued after a subsequent buyer discovered, in the course of major renovations, an oil tank buried under the building and contaminated soil.
The principal defendant had brought a warranty claim against our clients two years after the main action was brought. Our clients had never been notified of the discovery of the tank and had not had an opportunity to inspect the building before the work required to remove the tank and rehabilitate the soil had been entirely carried out.
After the defendants’ applications for dismissal were presented and rejected, the case was settled out of court to our clients’ satisfaction during a dispute resolution meeting.
The Fasken team representing the vendors consisted of Annie Bernard and Nicolas-Karl Perrault.
Jurisdiction
- Québec
