A Victoria couple were ordered to pay more than $50,000 to the people they sold their property to almost four years ago after an underground oil storage tank (UST) was found despite an addendum in the contract stating they would remove any USTs from the property. (Black Press Media File Photo)

B.C. pair ordered to pay $55,000 for oil tank discovered four years after selling home

Judge says defendants breached contract, despite being unaware of tank until basement flooded

A Victoria pair has been ordered to pay $55,000 to the people who bought their home almost four years ago after an underground oil storage tank was found on the property

Christopher Warren and Antonia Warren were ordered by the B.C. Supreme Court to pay $44,774 in damages, plus $10,655 in litigation costs to William Walton and Nikolas Hill after the tank was removed from the Esquimalt property and the contaminated soil remediated.

READ ALSO: Esquimalt arsonist sentencing adjourned to allowing family time to plan

Walton and Hill bought the property in early 2016. They assert the Warrens breached the contract of purchase and sale by failing to remove the oil tank before the sale concluded.

Walton claimed their Realtor had warned them that many older homes in Victoria have buried oil tanks. Following her advice, they included an oil-tank addendum in the contract to protect them against any costs associated with removing it.

Two companies scanned the property for evidence of an underground oil storage tank and found none, and the contract was completed.

Two years later, the home’s basement flooded and required a new drain system. A contractor eventually discovered an underground oil storage tank on the property.

READ ALSO: Saanich aims to help homeowners dump their oil tanks for heat pumps

The plaintiffs paid $42,720 to remove the tank and remediate the soil. Walton and Hill were initially unable to pay the full sum on time and incurred carrying charges of $578.

Neither Christopher nor Antonia Warren claimed to have had any knowledge of a tank, and said they received a report stating there was none when they bought the property. A company scan also turned up no evidence.

“I accept that the defendants were surprised to learn of the underground oil storage tank on the property,” wrote Justice Heather MacNaughton in her reasons for judgment, which were posted online last week.

According to MacNaughton, the claim was not a complex one and revolved around the interpretation of the addendum. The Warrens argued it should be interpreted as only requiring them to remove and remediate any underground oil tank that was discovered prior to the contract’s completion date.

MacNaughton disagreed, stating the addendum was not “ambiguous” and required the defendants to remove “any” oil tank on the property.

“As an oil tank was discovered some years after the completion date, the defendants had not complied with the terms of the addendum on the completion date. They were in breach of the addendum,” she wrote.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Four air ambulance flights out of Terrace delayed or cancelled

Pandemic precautions caused nighttime closure of service station providing weather data to pilots

Skeena Resources, Tahltan prez excited by purchase of Eskay Creek

Skeena gets full control of mine, Barrick gets 12 per cent of Skeena and a one per cent royalty

VIA Rail lays off 1,000 unionized workers across the country

Northern B.C. route Jasper to Prince George to Prince Rupert is not affected by VIA Rail layoffs

Overall house sales drop in the northwest

COVID-19 pandemic slowed market activity

B.C. orders Coastal GasLink to stop pipeline construction near protected wetlands

The 670-kilometre pipeline is planned to transport natural gas from northeast B.C. to Kitimat

B.C. sees 25 new COVID-19 cases, community exposure tracked

One death, outbreaks remain in two long-term care facilities

VIDEO: Alberta man rescues baby eagle believed to be drowning in East Kootenay lake

Brett Bacon was boating on a lake in Windermere when he spotted the baby eagle struggling in the water

Conservationists raise concerns over state of care for grizzly cubs transferred to B.C. zoo

‘Let them be assessed now before their fate is sealed,’ urges B.C. conservationist Barb Murray

B.C.’s COVID-19 job recovery led by tourism, finance minister says

Okanagan a bright spot for in-province visitor economy

National Kitten Day aka the ‘purrfect’ day to foster a new friend

July 10 marks National Kitten Day, a special day to celebrate all things kittens

Lower Mainland YouTubers claim to be Kelowna display toilet ‘poopers’

RCMP can not speak to legitimacy of video, will be investigating

Haida matriarchs occupy ancient villages as fishing lodges reopen to visitors

‘Daughters of the rivers’ say occupation follows two fishing lodges reopening without Haida consent

RCMP confirm homicide investigation underway near Quesnel

Police releasing few details four days after homicide occurred Monday, July 6

Conservatives say police should be called into investigate WE charity scandal

Trudeau is already under investigation by the ethics commissioner for potential conflict of interest

Most Read