What is the test for liability under the BCSC 1253?
British Columbia, Canada
The following excerpt is from Workshop Holdings Ltd. v. CAE Machinery Ltd., 2001 BCSC 1470 (CanLII):
In Swamy v. Tham Demolition Ltd. (2000), 81 B.C.L.R. (3d) 293, 2000 BCSC 1253 ("Swamy No.1") 400 to 500 truck loads of excavated materials were delivered to the plaintiff's blueberry and vegetable farm. There was an issue of whether the material was contaminated. The plaintiff brought action against a number of defendants alleging breach of contract, negligence, nuisance, fraud and that the defendants were in contravention of the Act. The plaintiff subsequently brought a motion for judgment on liability.
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