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ARTICLE · 29 MARCH 2006

Turning Brownfields Into Green

Blake, Cassels & Graydon LLP
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A recent British Columbia Court of Appeal decision assists developers of contaminated sites.

CanadaReal Estate and Construction
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Article by Gayle Hunter and Jennifer Williams,, ©2006 Blake, Cassels & Graydon LLP

This article was originally published in Blakes Bulletin on Real Estate, March 2006

A recent British Columbia Court of Appeal decision assists developers of contaminated sites.

In Imperial Oil Limited v. City of Vancouver, the Court of Appeal of British Columbia recently rejected an attempt by the City of Vancouver to require off-site environmental remediation as a condition of development permit approval. This decision clarifies and brings a level of certainty to municipal involvement in environmental regulation, being one of many challenges facing developers of brownfields.

"Brownfields" are abandoned or under-utilized commercial or industrial sites where potential re-development is complicated by environmental contamination. Notwithstanding the benefits of brownfields redevelopment, including rehabilitation of often scarcely available urban land and increased tax revenues to government from

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