Environmental Law

Question 1

What are two pieces of BC Legislation dealing with contaminated sites?

Answer 1

Environmental Management Act (EMA)
Contaminated Sites Regulation (CSR)

Question 2

What are the most common substances found at contaminated sites in BC?

Answer 2

Heavy Metals
Organic Chemicals
Chlorophenols
PCB’s

Question 3

Of the over 9000 contaminated sites in BC roughly 1/3 are located in?

Answer 3

33% in Surrey and the Lower Mainland

Question 4

What is a site profile, what can it trigger?

Answer 4

• A site profile is a simplified screening form for identifying potentially contaminated sites.
• Usually prepared by either the property owner or a consultant hired by the owner
• Form is filed with the Provincial Government
• May trigger a site investigation
• 15 days to determine if a site investigation is
  necessary

Question 5

A site investigation consists of two phases: name and describe what is carried out in these two phases.

Answer 5

Phase 1: Preliminary Site Investigation
* searching existing records
* interviewing individuals involved with site
* general location and degree of contamination
Phase 2: Detailed site Investigation
* Sampling to determine location, extend and impact of contamination

Question 6

i) Rylands v. Fletcher

Answer 6

Issue:
Determining if Rylands land use was reasonable and whether he was responsible for
damages to Fletcher’s mines despite him not knowing of the mines.

Judgement:
Contractors were found negligent but not Ryland. It was found that Ryland had a certain duty of care to Fletcher for bringing all that water onto his property. So despite not knowing of the mine shafts, Ryland was still found liable because he didn’t contain his reservoir.

Opinion:
Fair judgement because it should be on the owner to properly contain there site. Anything they introduce to there site and those repercussions should be contained on there site.

Question 7

it) Gehring v. Chevron

Question 8

iii) Beazer East v. BC

Answer 8

-The distinction between an “owner” and an “operator” is important since it determines who is responsible for the damages causes. For example, the operate of land has day-to-day control of activities occurring at the property while the owner does not know all the details and can be left out when contamination occurs. Therefore, important in determining who has the control of land activities when the contamination occurred. “Whoever made the mess, cleans it up.”

Question 9

iv) Aldred v. Colbeck

Answer 9

Issue:
‘Who was responsible for the cost of removing the oil tank and remediation?
Who is liable for the financial loss suffered by Mrs. Aldred for the difference in sale price?
The Colbecks argued the tank was decommissioned and not removed.

Judgement:
A judge found the Colbecks were indeed negligent and misrepresented that the oil tank had
been removed during the sale to Mrs. Aldred,
However, the judge found that Mrs. Aldred was not entitled to the loss due to the terminated
sales contract. She herself had breached the contract by failing to remediate the property in a timely and satisfactory bases per the sales agreement.

Opinion:
The judgement to hold the Colbecks liable for the removal and remediation of the oil tank was fair because they had already presented that as being complete during the sale to Mrs. Aldred. In addition, the decision not to award Mrs. Aldred damages for the difference in sales price was also fair. This is because she had a duty of care to ensure the oil tank had been removed prior to the sale, and she breeched the contract when the removal work was not completed in a timely manner.