B.C. Supreme Court Issues Major Award For Remediation Of Contaminated Site

The B.C. Supreme Court issued a key decision in the area of contaminated sites in August, awarding $4.75 million in "reasonably incurred" remediation costs to the plaintiff, JI Properties, Inc. The award compensated JI Properties for money it spent remediating contamination on James Island, B.C. This award is the largest of its kind to date. The decision is potentially precedent-setting, contributing to the development of B.C.'s contaminated sites law in a number of areas. The decision:

• reiterates that "polluter pays" underpins the entire Environmental Management Act contaminated sites regime, by finding the defendant polluter responsible for paying all of the plaintiff's reasonably incurred remediation costs;