Enviro West Inc. v. Copper Mountain Mining Corp. et al., 2012 BCCA 23

JudgeSaunders, Kirkpatrick and Tysoe, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateJune 10, 2011
JurisdictionBritish Columbia
Citations2012 BCCA 23;(2012), 317 B.C.A.C. 33 (CA)

Enviro West v. Copper Mountain Mining (2012), 317 B.C.A.C. 33 (CA);

    540 W.A.C. 33

MLB headnote and full text

Temp. Cite: [2012] B.C.A.C. TBEd. JA.038

Enviro West Inc. (respondent/plaintiff) v. Copper Mountain Mining Corporation, Similco Mines Ltd., Boundary Electric (1985) Ltd. and 0712603 B.C. Ltd. dba Canyon Electric (appellants/defendants)

(CA038580; 2012 BCCA 23)

Indexed As: Enviro West Inc. v. Copper Mountain Mining Corp. et al.

British Columbia Court of Appeal

Saunders, Kirkpatrick and Tysoe, JJ.A.

January 18, 2012.

Summary:

The defendants asked the plaintiff to collect and remove waste oil from their premises. The removed oil was laden with polychlorinated biphenyls (PCBs). The plaintiff's equipment and facilities became contaminated. The plaintiff had to clean them up and destroy the oil. The plaintiff sued the defendants for the cost. The defendants invoked contributory negligence.

The British Columbia Supreme Court allowed the action and dismissed the contributory negligence claim. The defendants appealed on the contributory negligence issue.

The British Columbia Court of Appeal allowed the appeal and remitted the contributory negligence issue to the trial court for determination.

Practice - Topic 8812

Appeals - General principles - Failure of trial judge to consider portions of evidence - [See Torts - Topic 6600 ].

Torts - Topic 6600

Defences - Contributory negligence - General - General principles - The corporate plaintiff's truck driver was sent to collect the defendants' waste oil for disposal - The oil was laden with polychlorinated biphenyls (PCBs) - The plaintiff's equipment and facilities became contaminated - The plaintiff had to clean them up and destroy the oil - The plaintiff sued the defendants for the cost - The defendants invoked contributory negligence, alleging (1) truck driver imprudence, and (2) company imprudence in (a) not informing employees of (i) the practical and legal implications of transporting PCB-laden oil, and (ii) the meaning of warning labels, and (b) failing to perform the necessary testing that it had advocated for in the past - The trial judge allowed the principal claim, ruling that the defendants had failed to properly communicate the presence of PCBs to the plaintiff - The trial judge dismissed the contributory negligence claim - The British Columbia Court of Appeal upheld the contributory negligence ruling in respect of the truck driver - The court remitted the corporate liability part of the contributory negligence issue to the trial court for determination - The defendants had adduced evidence material to the plaintiff's fulfilment of its duty to take reasonable care in its own interests, and the reasons for judgment that did not consider the plaintiff's "corporate behaviour", characterized by the defendants as "systematic", failed to address the content of the requisite standard of care - The court added that, in the context of a regulated industry, finding that the waste generator had breached its obligation to provide information did not inoculate the waste collector from the requirement that it, too, act with reasonable care - See paragraphs 34 to 52.

Torts - Topic 6614

Defences - Contributory negligence - Particular cases - Knowledge of defective or dangerous things - [See Torts - Topic 6600 ].

Cases Noticed:

Wainwright (Town) et al. v. G-M Pearson Environmental Management Ltd. et al. (2007), 430 A.R. 134; 2007 ABQB 576, affd. (2008), 446 A.R. 98; 442 W.A.C. 98; 2009 ABCA 18, leave to appeal refused (2009), 396 N.R. 399; 474 A.R. 405; 479 W.A.C. 405 (S.C.C.), consd. [para. 15].

Lowe v. Insurance Corp. of British Columbia (2002), 174 B.C.A.C. 44; 286 W.A.C. 44; 2002 BCCA 514, refd to. [para. 32].

Dyke v. British Columbia Amateur Softball Association (2008), 250 B.C.A.C. 70; 416 W.A.C. 70; 2008 BCCA 3, refd to. [para. 32].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1, refd to. [para. 33].

Nance v. B.C. Electric Railway, [1951] A.C. 601 (P.C.), refd to. [para. 35].

Alberta Wheat Pool v. Northwest Pile Driving Ltd. (2000), 142 B.C.A.C. 113; 233 W.A.C. 113; 80 B.C.L.R.(3d) 153; 2000 BCCA 505, refd to. [para. 35].

Bradley v. Bath (2010), 279 B.C.A.C. 240; 473 W.A.C. 240; 1 B.C.L.R.(5th) 228; 2010 BCCA 10, consd. [para. 36].

Authors and Works Noticed:

Fleming, John G., The Law of Torts (9th Ed. 1998), p. 302 [para. 36].

Counsel:

R. Anderson, Q.C., and T. Tomchak, for the appellants;

R. Skolrood and L. Cook, for the respondent.

This appeal was heard at Vancouver, B.C., on June 10, 2011, by Saunders, Kirkpatrick and Tysoe, JJ.A., of the British Columbia Court of Appeal. The decision of the Court of Appeal was delivered at Vancouver, B.C., on January 18, 2012, by Saunders, J.A.

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17 practice notes
  • Sweeney v. British Columbia, 2018 BCSC 1832
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 23, 2018
    ...of contributory negligence is the duty to take reasonable care on one’s own behalf: Enviro West Inc. v. Copper Mountain Mining Corp., 2012 BCCA 23 at paras. 1 and 35; Alberta Wheat Pool v. Northwest Pile Driving Ltd., 2000 BCCA 505 at para. 33. [97] In accordance with s. 4 of the Negligence......
  • Parlby v. Starr, 2017 BCSC 2353
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 20, 2017
    ...to the loss” he sustained (Wormald v. Chiarot, 2016 BCCA 415 at para. 14; Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23 at para. 37). In Wormald, Justice Donald confirmed proximity is a factor in determining causation. To satisfy this requirement, the Police Defendant......
  • Waterway Houseboats Ltd. v. British Columbia,
    • Canada
    • Court of Appeal (British Columbia)
    • December 30, 2020
    ...(2) if so, whether that failure was causally connected to the loss she sustained: Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23 at para. [374] The standard of care is one of reasonableness, not perfection: Fullowka at para. 80. It is not so onerous as to require the p......
  • Uy v. Dhillon, 2019 BCSC 1136
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 14, 2019
    ...(2) if so, whether that failure was causally connected to the loss she sustained: Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23 at para. [15] To satisfy the requirement of a causal connection between the plaintiff’s breach of the standard of care and the loss sustaine......
  • Request a trial to view additional results
15 cases
  • Sweeney v. British Columbia, 2018 BCSC 1832
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 23, 2018
    ...of contributory negligence is the duty to take reasonable care on one’s own behalf: Enviro West Inc. v. Copper Mountain Mining Corp., 2012 BCCA 23 at paras. 1 and 35; Alberta Wheat Pool v. Northwest Pile Driving Ltd., 2000 BCCA 505 at para. 33. [97] In accordance with s. 4 of the Negligence......
  • Parlby v. Starr, 2017 BCSC 2353
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 20, 2017
    ...to the loss” he sustained (Wormald v. Chiarot, 2016 BCCA 415 at para. 14; Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23 at para. 37). In Wormald, Justice Donald confirmed proximity is a factor in determining causation. To satisfy this requirement, the Police Defendant......
  • Waterway Houseboats Ltd. v. British Columbia, 2020 BCCA 378
    • Canada
    • Court of Appeal (British Columbia)
    • December 30, 2020
    ...(2) if so, whether that failure was causally connected to the loss she sustained: Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23 at para. [374] The standard of care is one of reasonableness, not perfection: Fullowka at para. 80. It is not so onerous as to require the p......
  • Uy v. Dhillon, 2019 BCSC 1136
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 14, 2019
    ...(2) if so, whether that failure was causally connected to the loss she sustained: Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23 at para. [15] To satisfy the requirement of a causal connection between the plaintiff’s breach of the standard of care and the loss sustaine......
  • Request a trial to view additional results
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