“THE HIGH COST OF REMEDIATION” – The Importance of Having Clear and Transparent Communication on Fees

30. September 2019 0
The decision of A Speedy Solutions Oil Tank Removal Inc. v. Garraway, 2019 BCSC 1091 provides remediation companies along with both sellers and purchasers of properties alike with an important and timely reminder of the need for clear and transparent communication with respect to fees and how professional services will be charged. At its core, ...

Omnibus Update to the Contaminated Sites Regulation: What you need to know

12. June 2019 0
The British Columbia provincial government ushered in a significant update to the Contaminated Sites Regulation (the “CSR”) on November 1, 2017.  Historically, the government adopted a largely ad hoc approach to updating the CSR, which has, in some cases, resulted in outdated standards.  In order to address this issue, the provincial government implemented an “Omnibus” ...

Landlord Liability: Polluting Tenants are Bad for Business

11. June 2019 0
Although it is standard practice for landlords to build several provisions into their commercial lease agreements to guard against liability exposure stemming from their tenants’ operations on their land, few landlords appear to fully appreciate the potential environmental liability risks that they are exposed to as a result of their tenants’ activities, which exist both ...

Developers’ Notes: Perfect Profile – Development and Site Profile Process

07. June 2019 0
The site profile process is designed to screen for contaminated sites and to ensure that remediation of a site is completed (or at least managed) before redevelopment.  Although often considered a routine step, submitting a site profile can have significant implications for the owner of property planning redevelopment, including unexpected investigation, remediation, and construction delays.  ...

It Happened Again: Richard Bereti and Una Radoja’s Environmental Commentary book referred to in another recent B.C. Supreme Court Decision

In the 2018 decision of Foster v. Tundra Turbos Inc., 2018 BCSC 563, Warren J., the Court once again cited Richard and Una’s book on B.C.’s environmental management legislation as an authoritative source and held at paragraph 21: “[21] Liability under the E.M.A. is based on the “polluter-pays principle” that those who cause contamination should ...

Pay What!?: Minimizing Environmental Liability

05. June 2019 0
Since both landlords and tenants can attract statutory environmental liability arising from mere ownership or having carried out any (even non-polluting) operation on contaminated land, measures to minimize and, where appropriate, allocate, the liability risk should be considered by both prior to the commencement of the lease.  That being said, the nature of the protections ...

Straight from the Source: Richard Bereti and Una Radoja’s Environmental Commentary book referred to in recent B.C. Supreme Court Decision

Richard and Una wrote the book on B.C.’s environmental management legislation (literally) which was cited in a recent B.C. Supreme Court decision involving environmental liability. In the 2017 case of Burnaby (City) v. Environmental Appeal Board, 2017 BCSC 2267 Brundrett J., the Court referred to Richard and Una’s book at paragraph 11 of the decision: ...