Young v Morash, 1991 CanLII 4415 (NS SC)

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

The Youngs alleged that the Morashes were responsible for the contamination of their water source. After considering the evidence put forward by the Youngs, the Court held that the Youngs had failed to prove on a balance of probabilities that the Morashes were responsible for the contamination. Expert witnesses called by the parties could not agree on the probable cause, and the Court held that a report prepared by the plaintiff’s expert was flawed. Since the Youngs had the burden of proving that the Morashes were responsible for the contamination, and since the Court held that the Youngs had failed to meet that burden, the Court dismissed the Youngs' claim.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/1991/1991canlii4415/1991canlii4415.html

Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case. 

If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.