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:
“ Liability under the E.M.A. is based on the “polluter-pays principle” that those who cause contamination should be responsible for paying the costs of remediation even when the contaminating activity was not prohibited or was expressly authorized at the time it occurred: J.I. Properties Inc. v. PPG Architectural Coatings Canada Ltd., 2015 BCCA 472 (B.C. C.A.) at para. 29. This principle is consistent with a related purpose of the E.M.A. to encourage the timely clean up of contaminated sites by current owners: Richard E. Bereti and Una Radoja, British Columbia Environmental Management Legislation & Commentary, 4th ed. (Toronto: LexisNexis Canada Inc., 2016) at 2.”
British Columbia Environmental Management Legislation & Commentary, 4th Edition, 2016, LexisNexis® Canada, co-authored by Richard Bereti and Una Radoja, is a unique publication which explains the legal principles that govern contaminated sites management in British Columbia and includes an overview of the British Columbia Environmental Management Act, the Contaminated Sites Regulation and key compliance and practice issues. Learn more about this publication here.
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