On April 29, 2005, the British Columbia Supreme Court released its precedent setting decision in CN v A.B.C. Recycling. The case involved a cost recovery action by CN for its reasonable costs incurred in remediating contamination caused by the defendant, and neighbouring property owner, A.B.C. Recycling Ltd. The decision is the first in which the Court has considered many of the cost recovery provisions of Waste Management Act (now the Environmental Management Act), including the test for determining reasonably incurred "costs of remediation" and whether an innocent property owner is entitled to recover its actual legal costs.

type Environmental Law Alert - May 2005