Written by Marc McAree, Willms & Shier Environmental Lawyers LLP On April 11, 2019, the Supreme Court of Canada denied the dry cleaner’s application for leave to appeal from the Ontario Court of Appeal’s decision in Huang v Fraser Hillary’s Ltd. 1 Huang confirms that Ontario courts are inclined to measure and assess damages in contaminated land lawsuits […]
Written by Jacob Jerome Gehlen and Rick Williams, Borden Ladner Gervais LLP Introduction On April 8, 2015, the M/V Marathassa (the “Marathassa”) discharged an unknown quantity of intermediate fuel oil into Vancouver’s English Bay. The event triggered a large-scale response, coordinated under the leadership of the Canadian Coast Guard, which removed the vast majority of […]
Written by Brooke F. Dickerson, Arnall Golden Gregory LLP American environmental laws can be daunting for a foreign investor. For example, both federal and state laws can impose strict liability, which is liability regardless of fault or intent, on the owner or tenant of a contaminated property, which is sometimes called a “brownfield property.” Such […]
Written by Hazmat University Spring is in the air! And along with that comes the pleasant and incessant urge to clean closets, declutter the house, and scrub the whole thing down! Something that we may overlook, however, is that Spring is also a perfect time to do a Hazardous Materials refresh – and it doesn’t involve washing […]
The City of Montreal has $75 million available in grants it will be giving away to encourage redevelopment of brownfield sites in the City. The funding was made available from the Quebec government last year. The Funds will be available for eligible developers that decontaminated brownfields within the city and redevelop them. The money is […]
Written by Una Rodaja, Harper Grey LLP Once upon a time, you were a director of a company that owned a parcel of land in the Greater Vancouver area. A dry-cleaner and an auto-repair shop operated on the property, but you were not too concerned about environmental liability. This was the 80s after all and […]
Written by Alan Harvie, Norton Rose Fulbright Canada LLP The Supreme Court of Canada recently released its decision in Orphan Well Association v Grant Thornton Limited, (Redwater). The majority ruled that a bankrupt oil company’s estate remained liable for well closure and environmental obligations in priority to the company’s creditors, including its secured creditors. Although Redwater dealt with […]
Written by Robert B. Greene, PE, PG, CIH, LEED AP, GLE Associates Inc. The presence of asbestos can be hazardous to workers and building occupants during renovations and even in the course of daily business, and the only way to know if it is a problem is to test for it. What Is Asbestos and […]
The Government of Yukon Territory recently posted an online map that shows all known contaminated sites in the Territory. To access the contamination history of properties in the territory, one can visit the online map. This information was previously only available to the public on request. Properties considered contaminated and included in the map are […]
Written by Sean D. Parker and Stuart W. Chambers, McLennan Ross LLP In 2018 the Government of Alberta overhauled the Remediation Certificate Regulation, made under the Alberta Environmental Protection and Enhancement Act (“EPEA”). Effective January 1, 2019, the newly titled “Remediation Regulation” came into force. The new Alberta regime for contaminated sites under the Remediation Regulation has two main parts: 1. Deadlines […]
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