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ARTICLE · 16 MARCH 2004

How Not To Conduct An Environmental Assessment

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

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In a decision that should become required reading for all environmental consultants, the Ontario Superior Court of Justice ordered one of Ontario’s leading environmental consultant companies to pay a client $127,000.00 to compensate it for an incorrect report.

CanadaCorporate/Commercial Law

In a decision that should become required reading for all environmental consultants, the Ontario Superior Court of Justice ordered one of Ontario’s leading environmental consultant companies to pay a client $127,000.00 to compensate it for an incorrect report.

Pre-Purchase ESA

The claim concerned clean-up costs incurred with respect to a gasoline station property acquired by the Ontario Ministry of Transportation in 1996, after commissioning an environmental investigation of the property by CH2M Gore & Storrie Ltd. ("CH2M"). The environmental investigation was a modified Phase I Environmental Site Assessment ("ESA") that included soil and groundwater sampling. The consultant charged the Ministry approximately $12,700.00 for the investigation.

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