BC Court of Appeal allows recovery of legal fees as remediation costsIntroduction Last year, the British Columbia Court of Appeal (“BCCA”) rendered its decision in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, providing that legal costs reasonably incurred in connection with the remediation of a... |
Injunctive relief as a remedy for ongoing contamination: Ward v. Cariboo Regional DistrictOn July 30, 2021, the British Columbia Supreme Court released reasons for judgment in Ward v. Cariboo Regional District, 2021 BCSC 1495, shedding light on the wide breadth of injunctive relief available in circumstances of ongoing environmental contamination.[1] The decision... |
New triggers requiring site disclosure statements: BC rolls out a new contaminated sites regimeLast month, amendments to British Columbia’s Environmental Management Act (“EMA”) and Contaminated Sites Regulation (“CSR”) came into force, altering how contaminated sites are identified in BC. When a site is classified as contaminated, it alerts the Ministry of Environment and Climate... |
Appeal launched against Federal Court’s dismissal of youth climate change lawsuitThe Federal Court’s recent dismissal of a climate change lawsuit brought by a group of 15 Canadian youths has been appealed to the Federal Court of Appeal. In La Rose v Canada,[1]the Plaintiffs claimed against Her Majesty the Queen in... |
Protection for suppliersThe BC Supreme Court’s decision in Soccer Express Trading Corp. (Re), 2020 BCSC 749 shows some possible protections for critical suppliers under the CCAA When a company files for protection from its creditors, a supplier to that company who has... |
Deliberate acts of damage by lessees and the murky world of insurance exclusionsThe BC Supreme Court provides some clarity When an insurance policy exclusion does not come close to being easily intelligible, an insurer may not be entitled to rely on it to exclude coverage for acts of intentional damage by a... |
Case Commentary: An Insurer is not Responsible for Defence Costs Incurred Prior to Receiving Notice of a Claim – Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352When an insured incurs defence costs prior to giving their insurer notice of the claim, who bears responsibility for those “pre-tender” defence costs? The insurer, which is otherwise responsible for the insured’s defence? Or the insured, which incurred costs without... |
Alberta could owe a private duty of care to individuals harmed by hydraulic fracturingJessica Ernst’s claim against Alberta Environment and Sustainable Resource Development (“Alberta Environment”) for negligently carrying out its regulatory regime will be allowed to proceed after the Alberta Court of Queen’s Bench dismissed the public body’s application to strike in a... |
