On November 6, 2017, the Court of Appeal issued its decision in Sorbam Investments Ltd v Litwack, 2017 ONCA 850, dismissing the plaintiff’s appeal of Justice Elizabeth C. Sheard’s decision in the Superior Court of Justice granting summary judgment to the defendants, 2017 ONSC 706.[1] The case revisits the issue of landlord liability for historical contamination caused by its tenant and provides guidance as to when a landlord may be held liable for its tenant’s acts and omissions in operating a dry-cleaning business or other business known to use hazardous solvents.
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