This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

The Donkins alleged that the gas bar owned and operated by the River Road Co-Op ("River Road") had contaminated their water supply through petroleum leakage. River Road argued that the Donkins could not prove that the contamination had in fact been caused by leakage from the gas bar, and it suggested other possible sources of the contamination. River Road also brought a third-party claim against Ultra Maintenance Ltd. ("Ultra"), arguing that if the gas bar was in fact the source of the contamination, Ultra should be held responsible for having installed the gasoline storage tanks and/or the underground piping improperly.

After considering the evidence put forward by the parties, the Court held that the gas bar was the source of the contamination, and it apportioned liability between River Road and Ultra.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1991/1991canlii6580/1991canlii6580.html

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