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)

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

River’s incredible story came to an end when he was finally caught in a live trap on Dec. 13, 2020, after spending 16 days of surviving on his own in a North Thompson Valley wilderness area. (James Akey photo)
Bringing River home for Christmas

Lost dog saved from B.C. wilderness by a community that cared

Interior Health update. File photo.
86 new COVID-19 cases, two more deaths in Interior Health

The new deaths are from Heritage Square, a long-term care facility in Vernon

A woman wearing a protective face mask to curb the spread of COVID-19 walks past a mural in Victoria, B.C., on Monday, Dec. 7, 2020. THE CANADIAN PRESS/Marissa Tiel
115 new COVID-19 cases, no new deaths in Interior Health

There are now a total of 4,970 cases in the region

(Jill Hayward photo)
Barriere Elementary advises COVId-19 school exposure

On Wednesday, Jan. 13, Barriere Elementary School advised school families that a… Continue reading

Dr. Rhonda Nixon has been appointed new superintendent and CEO for the School District 73. (SD73 photo)
SD73 Board of Education announces new superintendent

A new superintendent and CEO has been hired for SD73. The Board… Continue reading

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

A 17-year-old snowmobiler used his backcountry survival sense in preparation to spend the night on the mountain near 100 Mile House Saturday, Jan. 16, 2021 after getting lost. (South Cariboo Search and Rescue Facebook photo)
Teen praised for backcountry survival skills after getting lost in B.C.’s Cariboo mountains

“This young man did everything right after things went wrong.”

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Tourists take photographs outside the British Columbia Legislature in Victoria, B.C., on Friday August 26, 2011. A coalition of British Columbia tourism industry groups is urging the provincial government to not pursue plans to ban domestic travel to fight the spread of COVID-19. THE CANADIAN PRESS/Darryl Dyck
B.C. travel ban will harm struggling tourism sector, says industry coalition

B.C. government would have to show evidence a travel ban is necessary

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Most Read