What decisions have been made in relation to the Health and Safety Executive's determination that contaminated soil on a plaintiff's property is a contaminated site?

British Columbia, Canada


The following excerpt is from 336332 B.C. Ltd. v. Imperial Oil Ltd., 2002 BCSC 587 (CanLII):

The first decision is Swamy v. Tham Demolition Ltd., 2000 BCSC 1253, 81 B.C.L.R. (3d) 293. In that case, the plaintiff sued several defendants at common law and under the Act for allegedly having dumped contaminated soil on her property. The manager stated in a letter to the plaintiff that her property was a contaminated site, but made no final determination under the Act to that effect. He prohibited the plaintiff from growing anything on part of her property and required her to get a permit to move the soil. No remediation had occurred. The defendants brought an application for an order dismissing the claims and the plaintiff sought judgment on the issue of liability.

Other Questions


What is the effect of the Health and Safety Executive’s comments in the context of the BC Health and Social Care Act? (British Columbia, Canada)
Does the Minister of Health and Social Development have made a mistake in making a decision not to allow a plaintiff to sue the Minister for Health and Safety and Emergency Preparedness? (British Columbia, Canada)
Is a plaintiff's mental health disorder a contributory factor in a motor vehicle accident? (British Columbia, Canada)
In what circumstances have golf balls been found to have landed on a plaintiff's property? (Manitoba, Canada)
What is the history of child protection decisions and assessments of a mother's mental health and personality issues? (Ontario, Canada)
What is the impact of a future care costs award on a plaintiff’s mental health? (British Columbia, Canada)
What is the test for material change in relation to a person’s mental health status? (Ontario, Canada)
What is CLICC's application for relief in relation to the rescission of a voluntary disposition of property or of a contract? (Ontario, Canada)
What is the test for determining the determination of a plaintiff's costs in a personal injury case? (Ontario, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)