Entries by hazzmatt1

Ontario Plans To Amend Excess Soil and Brownfields Regulation

Written by Paul Manning, Manning Environmental Law Ontario is proposing changes to the excess soil management and brownfields redevelopment regime. The changes are designed to “make it safer and easier for more excess soil to be reused locally…while continuing to ensure strong environmental protection” and to “clarify rules and remove unnecessary barriers to redevelopment and revitalization […]

Supreme Court of Canada denies Leave to Appeal in the latest dry cleaner Contamination Case

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 […]

British Columbia Court Acquits Shipping Company for Marine Pollution Incident

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 […]

Managing Environmental Risk through Brownfield Programs When Buying or Leasing Real Property in the United States

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 […]

Get Rid of Outdated Hazmat Compliance Materials

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 […]

Environmental Liability Risk Faced by Directors of Dissolved Companies – Getting around the Gehring Defence

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 […]

Expanding Redwater Beyond Oil And Gas: Can Other Regulators Enforce Orders In An Insolvency?

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 […]

Yukon’s Contaminated Site Mapped Online

The Government of Yukon Territory recently posted an online map that shows all known contaminated sites in the Territory. Map of Contaminated Sites in Yukon 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 […]