Extreme Weather Events May Give Cause To Rethink Environmental Due Diligence Systems

A recent heavy storm in Southern Ontario (labelled a "Derecho" by our meteorologists) caused extensive property damage over a wide swath of some of the most densely populated areas of the country. It served as yet another reminder of climate change predictions that extreme weather events are likely to increase in severity and frequency in the coming years. This in turn could well require a re-assessment of environmental due diligence systems to ensure that there is adequate assessment of and protection from foreseeable risks.

At the heart of our legal system prohibiting companies, officers, directors and other responsible persons from causing environmental harm is the expectation that due diligence must be exercised. In most cases, environmental liability can be minimised or avoided entirely if it can be shown that "all reasonable care" was exercised to prevent the particular event from occurring. Perfection in planning is not required. But planning that fails to