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: ...

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 ...