Environmental liability affects every business, regardless of size. For many, this has become a central risk management issue, requiring experienced, knowledgeable advice to guide companies through increasingly complicated regulations.

Members of our team have extensive experience across the broad spectrum of environmental law, from compliance advice, transactions to litigation. We also manage environmental due diligence related to the sale, acquisition, and financing of real property transactions.

We have carried out major engagements with municipalities, energy proponents, small to medium sized companies, mining companies, First Nations, public interest groups, and residents.

Our Environmental lawyers have been counsel in precedent setting litigation before courts and tribunals. Key areas of our environmental expertise include:

  • environmental litigation (defence of MOECC prosecutions, ERT hearings and civil actions)
  • brownfields redevelopment and contaminated sites
  • assessments, approvals and permitting
  • legislative and policy development for municipalities, federal and provincial governments and agencies

Environmental Litigation

Environmental issues may lead to civil claims and/or various regulatory proceedings including orders and quasi-criminal enforcement actions. Our subject-matter expertise allows us to represent clients in all forms of environmental litigation proceedings including:

  • civil claims for environmental liability
  • nuisance
  • negligence
  • trespass
  • strict liability
  • environmental review tribunal proceedings
  • appeals of renewable energy approvals
  • appeals of more orders
  • appeals of more approvals
  • leave to appeal under the Environmental Bill of Rights, 1993
  • provincial offences act proceedings
  • defence of more prosecutions under various environmental statutes including:
  • Environmental Protection Act
  • Safe Drinking Water Act, 2002
  • Ontario Water Resources Act
  • Pesticides Act
  • Mining Act

Assessments Approvals and Permitting

We advise on navigating regulatory processes efficiently and effectively from planning through to approval including:

  • environmental assessments, federal and provincial
  • renewable energy approvals
  • environmental compliance approvals, including air, noise and vibration, sewage, waste disposal sites, waste management systems, mobile waste processing, cleanup of contaminated sites
  • drinking water works permits
  • municipal drinking water

Brownfields Redevelopment and Contaminated Sites

Environmental statutes cast the widest possible net of liability for clients who have real property interests. Risk assessment and management is critical to limiting exposure.
We advise and assist with all aspects of Brownfields Redevelopment and Contaminated Sites issues including:

  • environmental clauses in leases and agreements of purchase and sale
  • certificates of property use
  • records of site condition
  • phase I and II environmental site assessments
  • risk assessments
  • public and municipal consultation
  • gas station decommissioning

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