May 11, 2015
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On September 16, 2014, I posted a blog entry on an interesting decision in a fuel oil spill case, Thornhill v. Highland.
The losing plaintiff had initiated an appeal to the Court of Appeal. However, on March 10, 2015, a notice of abandonment was filed.
Accordingly, the decision of Mr. Justice Edwards remains the law of the land in a field where very few oil spill cases actually go to trial.
There has been no judicial consideration of the Superior Court decision to date, but no doubt there will be in future. We will stay tuned to see whether other trial judges take the same approach.
