The importance of drafting strong and enforceable indemnities when seeking to limit a party’s potential liability for environmental risks

02. November 2020 0
On December 6, 2019, the Supreme Court of Canada held two former owners of an Ontario pulp and paper mill liable for the costs of remediating and maintaining a waste disposal site located on the property. The two former owners, Resolute and Weyerhaeuser, are successors of the companies that abandoned the waste site decades prior. ...

CITY OF VANCOUVER RELEASES GREATER GUIDANCE ON GROUNDWATER MANAGEMENT EXPECTATIONS FOR REZONING AND DEVELOPMENT PERMIT APPLICANTS

13. October 2020 0
The City of Vancouver has recently released an amendment to its 2018 Groundwater Management Bulletin, which provides rezoning and development permit applicants with information on the process and submission requirements related to groundwater management at development sites throughout Vancouver. Of particular note, the submission of a hydrogeological study is required for: rezoning and subsequent development ...

PROPOSED CHANGES TO B.C.’S SITE PROFILE SYSTEM ADDRESS PERCEIVED GAPS AND WEAKNESSES IN THE PROCESS

31. January 2020 0
The Ministry of Environment’s (“MOE”) site profile system is a process to screen for potentially contaminated sites. Through this system, the MOE and certain municipalities coordinate their respective functions to identify and address environmental risk. The changes set to take effect in 2021 are designed to address perceived gaps and weaknesses in the process. Current ...

TRYING TO TWO-TIME THE ENVIRONMENTAL ASSESSMENT ACT

31. December 2019 0
Environmental Assessment Certificates Restricted to One Five‑Year Extension under the Environmental Assessment Act Obtaining an environmental assessment certificate is an important early step for any large environmental project.  However, factors outside of one’s control can often produce delays which, in turn, prevent substantial work from being completed on a project in a timely manner.  Although ...

“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, ...