riskmanagement
BEYOND CORPORATE
CONSEQUENCES Personal Environmental Liability Figuring in Civil and Regulatory Legal Actions
By Barbara Carss PERSONAL L I A B I L I T Y i s a mounting possibility for directors, officers and supervisors of orga n i z at ion s t hat r u n a fou l of environmental regulators or are on the losing side of civil litigation. Du r i ng a re cent on l i ne sem i na r add ressing l iabil it y a nd r isk m a nagement , p r a ct it ione r s w it h
Willms & Shier Environmental Lawyers outlined some scenarios in which individuals could be tagged to share responsibility for a corporate failing or even solely ca r r y the blame for environmental mishaps if organizations can prove their own due diligence. This is occurring with more frequency in both civil actions involving disputes
8 October/November 2021 | Canadian Property Management
between private parties and in regulatory orders a nd prosecutions seek ing compliance and recompense under public statutes. Some environmental legislation also includes avenues for offending parties to be found civilly liable, presenting a potential doublew h a m my o f c o n s e q u e n c e s fo r transgressors.
