When Is Your Time Up? Limitation Periods In Contaminated Lands Lawsuits

Environmental laws across Canada permit property owners and tenants to recover compensation from those who caused or contributed to contamination at the claimant’s property or caused some other type of loss.  At common law, claimants may pursue their claims in negligence, nuisance, trespass, strict liability, and other causes of action like the rule in Rylands v. Fletcher.  Some provinces also permit recovery under special causes of action created by statute, including BC’s cost recovery for remediation under the Environmental Management Act, or Ontario’s statutory right of damage under the Environmental Protection Act.

Claimants and defendants should be aware that a claimant cannot sit on an environmental claim forever. Environmental claims remain subject to the rules around commencing a claim within the times set out under applicable provincial legislation, known as limitation periods. A claim brought beyond that period of time is barred and subject to dismissal. The complex