On June 17, Dianne and Graham Rempe of the City Toronto's
Legal Services spoke on the issue of current environmental
liabilities for municipalities. Graham gracious agreed to
allow us to post the paper we prepared here. As the introduction explains:
Few topics evoke more concern about "vast" liability
than environmental mishaps. Municipalities and their legal advisors
are well advised to carefully monitor developments in this area,
where liability is writ large. Memorable examples include the
Mississauga train derailment of 1979, the Walkerton tainted water
scandal of May 11, 2000 and of course the horrific tragedy at
Lac-Mégantic, Quebec on July 6, 2013. In the wake of events
like these, and many, many similar, though less dramatic examples,
municipalities and other government bodies may be exposed to both
civil and regulatory liability. The related costs or damages can be
extensive, and expensive.
