by Nicholas R. Hughes of McCarthy Tétrault
In Gehring et al v. Chevron Canada Limited et al, 2006 BCSC 1639, the Supreme Court of British Columbia embarked upon its first comprehensive allocation of responsibility among "responsible persons" for contaminated site clean up costs under the B.C. Environment Management Act (the "Act"). In the course of doing so, it allocated liability as follows: 50% to past owners and operators of a gas bar and their directors; 50% to the owners of the property after contaminating activities had ceased; and 0% to the manufacturer of the gasoline sold at the site. More Info...
