J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc. et al.
| Jurisdiction | British Columbia |
| Court | Supreme Court of British Columbia (Canada) |
| Judge | Kent, J. |
| Citation | 2014 BCSC 1619,[2014] B.C.T.C. Uned. 1619 (SC),[2014] B.C.T.C. Uned. 1619 |
| Date | 25 August 2014 |
| Subject Matter | POLLUTION CONTROL,PRACTICE,TORTS |
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15 practice notes
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Ward v. Cariboo Regional District
...BCSC 2018 at para. 186, the Court adopted the reasoning of Kent J. in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, to the effect that remediation must at least have been commenced before a cost recovery action can be initiated. Similarly, in Dolinsky v. Wi......
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0782484 B.C. Ltd. v. E-Pro Enterprises Inc.
...prior to June 1, 2013 are subject to a six-year limitation period (see J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, at paras. 51-60 [J.I. Properties], aff’d 2015 BCCA [84] In addition, s. 22(1)(d) of the Limitation Act provides that new defendants may be a......
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0848052 B.C. Ltd. v. 0782484 B.C. Ltd.
...reasonable remediation costs from a “responsible person”…. See also J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619 at para. [87] Quantum did not address the First National Properties decision or suggest it was wrongly decided. In my view, on the current juris......
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Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.
...CSR. [37] The judge also noted Super-Save’s reliance on obiter dicta in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619 at paras. 191–193 [J.I. Properties S.C.], aff’d 2015 BCCA 472 [J.I. Properties C.A.]. The proposition advanced was simply this: Victory Moto......
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9 cases
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Ward v. Cariboo Regional District
...BCSC 2018 at para. 186, the Court adopted the reasoning of Kent J. in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, to the effect that remediation must at least have been commenced before a cost recovery action can be initiated. Similarly, in Dolinsky v. Wi......
-
0782484 B.C. Ltd. v. E-Pro Enterprises Inc.
...prior to June 1, 2013 are subject to a six-year limitation period (see J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, at paras. 51-60 [J.I. Properties], aff’d 2015 BCCA [84] In addition, s. 22(1)(d) of the Limitation Act provides that new defendants may be a......
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0848052 B.C. Ltd. v. 0782484 B.C. Ltd.
...reasonable remediation costs from a “responsible person”…. See also J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619 at para. [87] Quantum did not address the First National Properties decision or suggest it was wrongly decided. In my view, on the current juris......
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Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.
...CSR. [37] The judge also noted Super-Save’s reliance on obiter dicta in J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619 at paras. 191–193 [J.I. Properties S.C.], aff’d 2015 BCCA 472 [J.I. Properties C.A.]. The proposition advanced was simply this: Victory Moto......
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6 firm's commentaries
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BLG Environmental Law Update 2013-2014
...Supreme Court Decision Shakes Up the Contaminated Sites Regime In J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, the owner of James Island, JI Properties Inc. ("JIP"), sought recovery of costs spent cleaning up contamination under the statutory cause of acti......
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BC Supreme Court Issues Major Award For Remediation Of Contaminated Site
...reliance on expert consultants is a strong indicia of reasonableness. In J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, JI Properties brought a cost recovery action to recover $5.25 million it incurred remediating contamination on James Island. JI Properties......
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B.C. Supreme Court Issues Major Award For Remediation Of Contaminated Site
...reliance on expert consultants is a strong indicia of reasonableness. In J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, JI Properties brought a cost recovery action to recover $5.25 million it incurred remediating contamination on James Island. JI Properties......
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BC Supreme Court Stresses “Polluter Pays” in Awarding Damages for Remediation of Contaminated Site
...Act relating to liability for remediation costs for contaminated sites. In JI Properties Inc v PPG Architectural Coatings Canada Inc, 2014 BCSC 1619, the Court ordered a former landowner, who was also the historical polluter, to compensate the current owner for $4.75 million in reclamation ......
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