February 21, 2018 DOWNLOAD PDF

Ontario Court of Appeal Provides Guidance on Landlord Liability for Historical Contamination

Ontario Bar Association

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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