Environmental Law Alert June 2009
The Environmental Management Act and the Gehring DecisionJune 2009
The 2006 BC Supreme Court decision in Gehring v. Chevron Canada Ltd. provides the most recent illustration of the approach the courts take in a typical fact pattern giving rise to a claim for cost recovery under the Environmental Management Act (EMA).
This informative article discusses how the courts clarified certain sections of the EMA, namely "Responsible Person" status, the allocation of remediation costs between parties, how "minor contributors" to contamination are viewed and how legal fees associated with remediation may be awarded.
