Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.
| Jurisdiction | British Columbia |
| Court | Court of Appeal (British Columbia) |
| Judge | The Honourable Chief Justice Bauman,The Honourable Mr. Justice Tysoe,The Honourable Madam Justice Bennett |
| Neutral Citation | 2021 BCCA 129 |
| Citation | 2021 BCCA 129 |
| Docket Number | CA46464, CA46465 |
| Date | 29 March 2021 |
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14 practice notes
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Escape 101 Ventures Inc. v. March of Dimes Canada
...would result in a severe injustice; … [94] Recently, in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, Chief Justice Bauman, for the Court, determined that the three-judge division could depart from a previous case because the Court in the previous c......
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Cambie Surgeries Corporation v British Columbia (Attorney General)
...or the decision is so clearly wrong it amounts to an injustice”: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129 at para. 149, citing Agar v. Morgan, 2005 BCCA 579 at para. 26; Giles v. Westminster Savings and Credit Union, 2010 BCCA 282 at paras. 72–7......
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I4PG Hastings Street Inc. v. Burnaby Dry Cleaners Ltd.
...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 ......
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Peace River Partnership v Cardero Coal Ltd
...indemnity costs. Cardero cites this Court's decision in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129 at para. 158, for the proposition that “substantial success” generally means success on 75% of the matters in dispute (citing The Owners, Strata Pla......
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7 cases
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Escape 101 Ventures Inc. v. March of Dimes Canada
...would result in a severe injustice; … [94] Recently, in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, Chief Justice Bauman, for the Court, determined that the three-judge division could depart from a previous case because the Court in the previous c......
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Cambie Surgeries Corporation v British Columbia (Attorney General)
...or the decision is so clearly wrong it amounts to an injustice”: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129 at para. 149, citing Agar v. Morgan, 2005 BCCA 579 at para. 26; Giles v. Westminster Savings and Credit Union, 2010 BCCA 282 at paras. 72–7......
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I4PG Hastings Street Inc. v. Burnaby Dry Cleaners Ltd.
...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 ......
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Peace River Partnership v Cardero Coal Ltd
...indemnity costs. Cardero cites this Court's decision in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129 at para. 158, for the proposition that “substantial success” generally means success on 75% of the matters in dispute (citing The Owners, Strata Pla......
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6 firm's commentaries
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Polluter Pays (And Maybe Pays Your Lawyer): BC Court Of Appeal Clarifies The Law On Recovery Of Costs In Contaminated Sites Claims
...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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Environmental Law 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......
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Court Of Appeal Expands Recovery Of Legal Costs In Contaminated Sites Litigation
...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 ......
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BC Court Of Appeal Allows Recovery Of Legal Fees As Remediation Costs
...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......
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