This case was heard in the Nova Scotia Court of Appeal.

In this complex case involving several parties, intersecting construction contracts in the Halifax region resulted in a highly contaminated site. United Gulf Developments ("United") engaged Doug Boehner Trucking & Excavating Ltd. ("Boehner") to carry out excavation work on a residential development site. Elsewhere, Garden Crest engaged W. Eric Whebby Limited ("Whebby") to carry out excavation work on an urban development site. Because the urban project needed fill removed from the site and the residential projected needed fill added to the site, Whebby and Boehner arranged for the fill from the Garden Crest site to be trucked to the United site. As work on the United site moved forward, it came to light that the fill supplied by Whebby was highly contaminated, containing hydrocarbons and heavy metals, among other concerns.

After the Supreme Court of Nova Scotia held that Whebby was liable in negligence and ordered Whebby to pay a substantial amount of money into the Court for the benefit of Boehner and United, Whebby appealed to the Nova Scotia Court of Appeal and also applied for a stay of execution (a reprieve from having to make the ordered payment until the appeal had been decided).

After considering the relevant law and legal principles, the Court of Appeal dismissed Whebby’s application for the stay of execution.

To read other decisions related to this case, go to:

Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd. et al., 2004 NSSC 34 (CanLII)

Boehner Trucking and Excavating Ltd. v. United Gulf Developments Ltd. et al., 2004 NSSC 180 (CanLII)

Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2006 NSSC 130 (CanLII)

Doug Boehner Trucking & Excavation Ltd. v. United Gulf Developments Ltd., 2007 NSSC 140 (CanLII)

Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2010 NSSC 364 (CanLII)

Doug Boehner Trucking & Excavating Ltd., v. United Gulf Developments Ltd., 2013 NSSC 9 (CanLII)

Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2013 NSSC 114 (CanLII)

Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 26 (CanLII)

Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 42 (CanLII)

Eric Whebby Ltd. v. Doug Boehner Trucking & Excavation Ltd., 2007 NSCA 117 (CanLII)

Eric. Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 92 (CanLII)

Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2011 NSCA 97 (CanLII)

Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2014 NSCA 54 (CanLII)

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/2006/2006nsca129/2006nsca129.html

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