Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.,

JurisdictionBritish Columbia
JudgeThe Honourable Chief Justice Bauman,The Honourable Mr. Justice Tysoe,The Honourable Madam Justice Bennett
Neutral Citation2021 BCCA 129
Citation2021 BCCA 129
Docket NumberCA46464, CA46465
Date29 March 2021
CourtCourt of Appeal (British Columbia)
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8 practice notes
  • 2023 BCSC 242,
    • Canada
    • January 1, 2023
    ...judgments with respect to liability under the EMA, including: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, First National Properties Ltd. v. Northland Road Services Ltd., 2008 BCSC 569, Gehring v. Chevron Canada Limited, 2006 BCSC 1639 and Seaspan ......
  • I4PG Hastings Street Inc. v Burnaby Dry Cleaners Ltd,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 17, 2023
    ...judgments with respect to liability under the EMA, including: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, First National Properties Ltd. v. Northland Road Services Ltd., 2008 BCSC 569, Gehring v. Chevron Canada Limited, 2006 BCSC 1639 and Seaspan ......
  • Century Group GP Co. Ltd. v. KRS Excavating Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 7, 2022
    ...under the environment legislation was recently revisited in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129. After discussing CNR, Bauman C.J.B.C. found that ss. 47(1) and (3) of the EMA could be interpreted as distinguishing between “remed......
  • Polluter Pays (And Maybe Pays Your Lawyer): BC Court Of Appeal Clarifies The Law On Recovery Of Costs In Contaminated Sites Claims
    • Canada
    • Mondaq Canada
    • July 15, 2021
    ...case in the development of litigation in this area. Footnotes 1. Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129 ("Victory Motors") 2. Canadian National Railway Company et al. v. A.B.C. Recycling Ltd.,2005 BCSC 647; Canadian National Railway Co. v. A.B......
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3 cases
  • 2023 BCSC 242,
    • Canada
    • January 1, 2023
    ...judgments with respect to liability under the EMA, including: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, First National Properties Ltd. v. Northland Road Services Ltd., 2008 BCSC 569, Gehring v. Chevron Canada Limited, 2006 BCSC 1639 and Seaspan ......
  • I4PG Hastings Street Inc. v Burnaby Dry Cleaners Ltd,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 17, 2023
    ...judgments with respect to liability under the EMA, including: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, First National Properties Ltd. v. Northland Road Services Ltd., 2008 BCSC 569, Gehring v. Chevron Canada Limited, 2006 BCSC 1639 and Seaspan ......
  • Century Group GP Co. Ltd. v. KRS Excavating Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 7, 2022
    ...under the environment legislation was recently revisited in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129. After discussing CNR, Bauman C.J.B.C. found that ss. 47(1) and (3) of the EMA could be interpreted as distinguishing between “remed......
5 firm's commentaries
  • Polluter Pays (And Maybe Pays Your Lawyer): BC Court Of Appeal Clarifies The Law On Recovery Of Costs In Contaminated Sites Claims
    • Canada
    • Mondaq Canada
    • July 15, 2021
    ...case in the development of litigation in this area. Footnotes 1. Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129 ("Victory Motors") 2. Canadian National Railway Company et al. v. A.B.C. Recycling Ltd.,2005 BCSC 647; Canadian National Railway Co. v. A.B......
  • Environmental Law 2022
    • Canada
    • Mondaq Canada
    • December 5, 2022
    ...on the allocation of remediation costs. The recent appellate case Victory Motors (Abbotsford) Ltd v Actton Super-Save Gas Stations Ltd, 2021 BCCA 129 confirmed that, at least in British Columbia, remediating parties may claim both litigation legal costs and legal costs incurred throughout t......
  • Court Of Appeal Expands Recovery Of Legal Costs In Contaminated Sites Litigation
    • Canada
    • Mondaq Canada
    • July 15, 2021
    ...as the Court has made it clear that responsible parties can be liable for a fresh head of potentially significant costs. Footnotes 1. 2021 BCCA 129. 2. S.B.C. 2003, c. 3. B.C. Reg 375/96. 4. B.C. Reg. 168/09. 5. S.B.C. 1998, c.9. The content of this article is intended to provide a general ......
  • BC Court Of Appeal Allows Recovery Of Legal Fees As Remediation Costs
    • Canada
    • Mondaq Canada
    • February 11, 2022
    ...Columbia Court of Appeal ("BCCA") rendered its decision in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, providing that legal costs reasonably incurred in connection with the remediation of a contaminated site could be recoverable as "remediation co......
  • Request a trial to view additional results

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