British Columbia Supreme Court Breaks New Ground On Contaminated Sites

On August 25, 2014, the British Columbia Supreme Court (BCSC) issued reasons in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619. The case involved an action by J.I. Properties Inc. (JIP), a current owner of a contaminated site, to recover approximately $5.3 million in remediation costs of James Island which were spent from 2004 to 2006 from the defendant and previous owner, ICI Canada Inc. (ICI). The Court awarded JIP $4.75 million in remediation costs. This decision is significant for the:

• comprehensive analysis of limitation issues arising in cost recovery claims under the Environmental Management Act (EMA);
• deference granted to highly qualified environmental consultants when dealing with the reasonableness of remediation costs; and