Irving Oil, affiliates, sued over alleged carbon monoxide poisoning

Irving Oil and two affiliated companies, Highlands Operations Limited and Highland Fuel Delivery, are being sued by a Moncton man who says he suffered carbon monoxide poisoning because a home heating system was installed improperly.

Actus Law filed the legal ​action on Dec. 23, 2015, on behalf of ​plaintiff ​William Langley.

​Langley's ​statement of claim​ alleges the companies' negligence​ resulted in ​personal injuries​ to him and he asks the court to award damages​ but does not specify an amount.

The allegations have not been proven in court. ​

Langley​ says he​ bought a house in​ Moncton in​ November 2002 after the previous owner had installed and leased an oil furnace.

​According to his statement of claim, Langley took over the furnace lease and installed carbon monoxide detectors when he moved in​to the home.​

The claim says during the years 2012, 2013 and 2014 the heating system began to malfunction and Langley complained about noxious odour and/or fumes present in the house, making him ill.

The suit says despite this, no repairs were done.

The court documents say that on Jan. 25, 2014, Langley was awakened by the sound of carbon monoxide detectors going off.

Langley managed to get out of the house and was hospitalized.

The documents say blood tests taken at the time revealed the presence of "high and anomalous levels of carbon monoxide." 

Multiple illnesses alleged

The claim says Langley suffered from a number of symptoms, including severe headaches, recurring acute sinus infection, numbness on the top of his head and in his fingers, toes and feet, tinnitus and hearing loss, shortness of breath, sleep deprivation, depression/anxiety, flu-like symptoms, fatigue and dizziness.

It says the Moncton Fire Department carried out an inspection on May 7, 2014, and concluded the direct vent system was not installed as per manufacturer's instructions and was in violation of the National Fire Code.

The Moncton Fire Department confirms it did conduct an inspection at that address on that date, but cannot comment on the results.

The claim also states on Aug. 11, 2014, the company removed and replaced the heating system at its expense, but offered Langley no compensation, damages and/or indemnities for personal injury.

The suit claims negligence, saying the heating system didn't comply with the National Fire Code, CSA Standard B139 covering venting systems and industry standards.

It alleges a failure to provide adequate inspection, maintenance or repair of the heating system.

On June 1, papers were filed with the Court of Queen's Bench on behalf of Irving Oil, saying that the company intends to defend the legal action.

​Irving Oil did not reply to CBC News requests for comment.