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 ...

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 ...

Simplifying Environmental Law: A user-friendly overview of the “Contaminated Sites Regulation”

03. June 2019 0
The Environmental Management Act, S.B.C. 2003, c. 53 (“EMA”) and the Contaminated Sites Regulation, B.C. Reg. 375/96 (“CSR”) provide the regulatory framework for identifying and allocating liability among persons responsible for the remediation of contaminated sites in British Columbia.  There are two avenues by which a person may become liable for the costs of remediation ...