Law360 Canada ( June 18, 2026, 9:40 AM EDT) -- Appeal by Canadian National Railway Company (CN) from order granting partial summary judgment in favour of Hogg Fuel & Supply Limited (Hogg). The order dismissed CN’s claims relating to coal tar contamination as an abuse of process. CN commenced an action against Hogg, the City of Kitchener, and the Public Utilities Commission of Kitchener, alleging that coal tar waste originating from the former Kitchener Gas Works had migrated and continued to migrate onto CN’s lands (1989 action). In 2014, the 1989 action was dismissed for inordinate and inexcusable delay. While that appeal was outstanding, CN commenced a new action in 2014 (2014 action), again alleging that coal tar had migrated and continued to migrate onto its property, and seeking damages, including for ongoing contamination. On a summary judgment motion, the judge dismissed CN’s coal tar claims against Hogg as an abuse of process. CN appealed, arguing that the 2014 action concerned distinct, ongoing harm, that continuing torts gave rise to new causes of action, that the dismissal of the 1989 action for delay did not exhaust its continuing claims, that the trial fairness concerns underlying the earlier dismissal were not present, and that the judge failed to give proper weight to its expert evidence. Hogg’s position was that CN’s continuing coal tar claims were exhausted by the dismissal of the 1989 action....