The fuel oil leak went unaddressed for nearly 38 hours, exacerbating the damage
The Ontario Superior Court of Justice found an oil burner technician 75 percent liable for failing to address an oil leak in a rural home, while the homeowner was deemed 25 percent contributorily negligent for not promptly seeking alternative assistance.
The case centred on a fuel oil leak that began on June 1, 2018, and went unaddressed for nearly 38 hours, significantly exacerbating the damage.
The incident occurred when Gloria Snodden noticed a strong smell of oil in her home in Uxbridge, Ontario. Snodden's daughter, Dori Harper, discovered a puddle of oil in the basement and contacted oil burner technician Norman Gourlie. Despite assuring Harper he would attend, Gourlie failed to show up on the evening of June 1, 2018, or the following morning.
Roger Snodden, the homeowner, was aware of the leak but did not contact alternative technicians or his oil supplier, Upper Canada Fuel & Burner, which did not receive notice of the leak until June 3, 2018. By then, oil had significantly leaked into the home’s basement, soil, and surrounding environment. Upper Canada responded promptly, dispatching technicians to contain and remediate the spill. The total remediation cost reached $339,577.79.
Roger Snodden filed a claim against Gourlie and Upper Canada, seeking damages. In response, Upper Canada cross-claimed against Gourlie and alleged contributory negligence by Snodden.
The Superior Court concluded that Gourlie failed to meet the standard of care required of a certified technician by neglecting to test the Snodden oil tank for water during inspections in 2016 and 2017. This failure directly contributed to the tank’s internal corrosion, leading to the leak. Furthermore, the court found Gourlie’s failure to respond to the reported leak on June 1, 2018, constituted gross negligence.
However, the court also determined that Roger Snodden’s inaction constituted contributory negligence. Despite being aware of the ongoing leak and Harper’s suggestion to seek help, Snodden chose not to contact any other service providers, contributing to the severity of the incident. His actions delayed the containment of the spill by nearly 38 hours, in violation of his obligations under the Environmental Protection Act.
The court apportioned liability at 75 percent for Gourlie and 25 percent for Snodden. Upper Canada, which had promptly responded upon notification, was found not liable.
