Michael Theroux

Michael Theroux

Bennett Jones LLP

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Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which enforced the “polluter...more

3/16/2016 - Canada Contaminated Properties Damages Environmental Remediation Costs Limitation Periods

Settlement Privilege, Limitation Periods and the Meaning of Without Prejudice

In Bellatrix Exploration Ltd. v Penn West Petroleum Ltd., 2013 ABCA 10, the Alberta Court of Appeal explains the key principles of settlement privilege and confirms the important protection this provides. The Court addresses...more

12/13/2013 - Attorney-Client Privilege Canada Limitation Periods Litigation Privilege Privilege Waivers Settlement

Limitation Changes in British Columbia

A new Limitation Act came into force in B.C. on June 1st, 2013. The Limitation Act, SBC 2012, c 13 (the “New Act”) is intended to simplify the process for civil claims and bring B.C.’s limitation periods in line with the...more

6/18/2013 - Canada Limitation Periods Limitations Act Third-Party

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

4/23/2013 - Contaminated Properties Environmental Liability Limitation Periods Proposed Amendments

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

2/7/2013 - Contaminated Properties Environmental Remediation Costs Limitation Periods Limitations Act

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