Announcing Our New Cordova Bay Law Office Location

Velletta & Company is pleased to announce our opening of a new office location in the heart of Cordova Bay. This satellite office provides a much more convenient option for those in neighborhoods north of Victoria proper (Saanich, Broadmead, Brentwood Bay, Cordova Bay, Saanichton). Our new law office is in the IDA pharmacy plaza, beside Edward Jones Investments. 

Lawyer Graham Weeks will be staffing the office full time, providing expert advice in the areas of business and entrepreneur lawcorporate/commercial and residential real estate law and the planning and probate of estates. However, if you are seeking advice or representation for other legal issues, from family law to litigation, any of the other lawyers on Velletta’s legal team can arrange to meet with you at the Cordova Bay office. 

The two Velletta & Company offices as shown in Google Maps

Lots of free parking and easy access off Cordova Bay road makes this location very convenient for anyone not wanting to deal with downtown traffic. We’ve also focused on convenience with our office hours for the Cordova bay location: Monday to Thursday from 10:00am to 6:00pm, Friday from noon to 4:00pm. Being able to swing by the law office after work or perhaps combining a visit with a trip to Mattick’s farm (just up the road) is very handy.

Initial consultations are free, and serves such as notarizations are reasonably priced, and nice and easy to obtain given the small, intimate and easily accessible office.

Drop in anytime to say hello to Graham!

The new Cordova Bay office as seen from Cordova Bay Rd.
Inside the new office
Inside the new office

Limitation Periods applicable to the Environmental Management Act

British Columbia’s Environmental Management Act sets out a comprehensive scheme with respect to the remediation of contaminated sites.  Central to that scheme is section 47 of the Act, which permits a party who has incurred the cost of remediating a site to bring a court action to recover the costs of remediation.  In a typical Environmental Management Act action, the party who has incurred the cost will seek contribution from the property’s previous owners and operators.  Even though the mechanisms in the Act are designed around the principle of “polluter pays”, the provisions of the Act make it difficult for parties who have owned or operated a site to escape liability, as the burden of proof is on those parties to show that they fall within one of the Act’s limited exceptions found in section 46 of the Act.  As a result, actions under the Act can often involve parties that have had no involvement with the property for decades.  As a result, a frequent question asked by parties finding themselves in such a dispute is whether or not the BC Limitation Act applies, or whether there are any time limits associated with bringing such a claim.

Although the Act does apply retroactively in the sense that all previous owners and operators the property can be found liable for the cleanup, a plaintiff does not have an indefinite time in which to bring their action.  In First National Properties Ltd. v. Northland Road Services Ltd., 2008 BCSC 569, the court confirmed that the BC Limitation Act does apply to remediation claims pursuant to the Environmental Management Act.  In that case, the court found that the limitation clock started running once the Plaintiff was aware of the cost to remediate.  In J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc., 2014 BCSC 1619, the court confirmed that the six year limitation pursuant to the 1996 Limitation Act was applicable.

Prior to the passage of the 2012 Limitation Act, it appeared that an amendment would be made to the Environmental Management Act to the effect that an action could be brought at any time. However, when that legislation was passed, no consequential amendments were made to the Environmental Management Act, so it remains at this time that the Limitation Act applies.  Thus, a plaintiff who incurs remediation costs ought to bring their cost recovery action swiftly, as the Act’s two year limit will likely come into play.  Further, it remains to be considered in a future case what effect, if any, the discoverability provisions of the new Limitation Act have in respect of a cost recovery claim.

About the Author:

W. Eric Pedersen is a lawyer practicing in the civil litigation department at Velletta & Company. Mr. Pedersen has worked with the civil litigation department to achieve successful outcomes for individuals and businesses, appearing in Provincial Court, Supreme Court, and the British Columbia Court of Appeal.  Find out more about Eric by clicking HERE.

Our Newest Lawyer: Natalia M. Velletta

Velletta & Company officially welcomes Natalia M. Velletta as the newest lawyer to our firm.

Natalia joined Velletta & Company in May, 2016 and has since successfully completed one year of Articles and called to the Bar on December 1, 2017, as a practicing lawyer in British Columbia. Natalia completed her formal induction in front of the Supreme Court of British Columbia at the Victoria Courthouse on March 15, 2018.

 

Natalia Velletta Natalia obtained her Juris Doctorate from Bond University in Queensland, Australia. Bond University’s Juris Doctorate is an accelerated program that provided Natalia with experience in both Canadian and Australian Law. Receiving an advanced education at a prestigious, international law school has provided Natalia with a unique, global perspective, which gives her greater insight into all types of commercial transactions.

 

During her time at Velletta & Company Natalia has established a diverse Solicitor’s practice and focuses primarily on the areas of:

 

  • Corporate and Commercial transactions;
  • Wills and Estates;
  • Real Estate transactions; and
  • Personal Injury including motor vehicle accidents.

 

With a specialty in Corporate and Commercial transactions, Natalia specifically enjoys mergers and acquisitions, having successfully bought and sold many companies and businesses for her clients. Natalia also has a passion for representing plaintiffs in motor vehicle accidents and frequently negotiates with ICBC to achieve fair and justified compensation for her clients.

 

At Velletta & Company, Natalia wishes to develop her Solicitor’s practice and to continuingly broaden her scope of experience. Natalia is determined, hard-working, and prides herself on offering the very best service for each and every client.  She is friendly and approachable and is always keen to take on new clients.

Outside the practice of law, Natalia enjoys staying active by exploring beautiful British Columbia and exotic locations around the world. She has many accomplishments including ballet, scuba diving and multiple, week-long hikes over the rugged West Coast Trail. She has a passion for photography, cooking, and camping.