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:

“[11] Two key objectives of the EMA are the prevention of pollution and remediation of contaminated sites: Gehring v. Chevron Canada Ltd., 2006 BCSC 1639 (B.C. S.C.) at para. 59; J.I. Properties Inc. v. P.P.G. Architectural Coatings Canada Inc./PPF Revetments Architecturaux Canada Inc., 2014 BCSC 1619 (B.C. S.C.) at para. 111, aff’d 2015 BCCA 472 (B.C. C.A.).  However, there is no positive statutory obligation to remediate a contaminated site: Richard E. Bereti and Una Radoja, British Columbia Environmental Management Legislation & Commentary, 4th ed. (Toronto: LexisNexis Canada, 2016) at 14.  Instead, there are several mechanisms to encourage the realization of these objectives under the regime.”

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.

Questions? Comments? Please contact Richard Bereti at rbereti@harpergrey.com or Una Radoja at uradoja@harpergrey.com or anyone else from our team listed on the Authors page.

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