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Legal Guide


Many umbrella liability policies or contractors’ general liability policies, contain absolute pollution exclusion clauses. However, a number of policies dealing with specific environmental risks are now underwritten in Canada. For soil remediation projects below a threshold clean-up cost, it is possible to obtain cost-cap policies contingent upon the provision of a detailed cost estimate and environmental report prior to underwriting. Environmental impairment liability policies are available to insure against the risk of third-party claims due to off-site migration. Policies are also available to insure against future pollution events on a property and for undiscovered contamination. Contractors’ pollution liability insurance is available to insure against pollution caused by specific operations. This provides a useful supplement to umbrella liability policies containing pollution exclusion clauses.

As the cost of performing environmental clean-ups to regulatory standards has increased substantially, the role of environmental insurance in Canada has expanded. While the market for environmental insurance in Canada is still developing, new products are being added in response to a variety of situations. Environmental insurance will soon become a feature of most corporate transactions.

Additional posts from the blog

Nov

12

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.

May

02

Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.

Apr

17

“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



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