The Bank of Nova Scotia is suing Shell Canada Ltd. over contaminants that have allegedly migrated from the oil company's gas station onto the bank's property on West 41st Street in Vancouver.
The Bank of Nova Scotia filed a notice of civil claim in BC Supreme Court on May 16. According to the claim, Shell has operated a gas station at 1503 West 41st since 1933. The bank operates a branch at 1576 West 41st and claims that contaminants including gasoline, diesel fuel, oil, grease and other hydrocarbons have migrated through groundwater onto the plaintiff's property.
“The escape and migration of contaminants from the Shell Gas Station Property to the Bank Property has caused contamination of the soil and groundwater at the Bank Property,” the lawsuit states.
The bank seeks declarations that the site is contaminated under the Environmental Management Act and that Shell is the “responsible person” under the act. In addition, the bank seeks recovery of costs for remediating the property, an injunction to prevent further contamination and damages for business interruption, loss of opportunity to sell the property and for diminution of the property's value.
The bank's allegations have not been proven in court and the defendants had not filed a response by press time.
