Environmental law issues have significant implications for businesses and individuals.
They can affect the way your business operates, the products you make, the way you make them, the materials you use, the waste you discard.
They can influence the property you buy or sell, develop or lease.
They can entangle your business in a maze of competing federal, provincial and municipal laws and regulations, subjecting you to costly project delays and involve you in tough litigation.
Environmental legislation, regulation and regimes are designed to anticipate future issues. This can be daunting.
Clients seek our advice on a wide range of environmental issues from contaminated sites to sick building syndrome to cross-border disputes. Our senior, experienced counsel provide a practical approach to the most complex environmental matters, including:
- cost recovery actions;
- directors’ and officers’ liability;
- property development and transactions; and
- environmental insurance coverage issues.
We know what is required and what needs to be proven, which saves you time and money in the long run.
Businesses, developers, landlords, municipalities, insurance companies and residential property owners rely on us to guide them through complex situations and regulations, reaching solutions that move them forward.
Ellison Peters Professional Corporation’s environmental lawyers are members of the following organizations:
- B.C. Environmental Industry Association – TorontoEIA
- B.C. Expropriation Association
- Building Owners and Managers Association – BOMA
- Canadian Bar Association – Environmental Law Subsection
- Canadian Urban Institute
- Environmental Managers Association of Toronto
- National Brownfield Association
- Women in Energy Network
Services
- Representation in litigation involving environmental issues and regulations.
- Representation before tribunals and the Environmental Appeal Board.
- Legal opinions - analysis of risk before and after decisions are made. Includes interpretation of how legislation such as the Contaminated Sites Regulation and Environmental Management Act apply to your situation.
- Brownfield development - compliance with legislation and regulations.
- Contaminated sites - site assessments, investigations, remediation, certificates of compliance for polluted land.
- Consultant liability - representing environmental consultants accused of negligence through professional errors and omissions insurance.
- Commercial real estate - purchase, sale and development of contaminated land such as gas stations and wood treatment facilities. Includes expropriation issues.
- Aboriginal land issues relating to purchase and development of contaminated territory.
- Creditor issues - representing banks and lenders in foreclosure or takeover of contaminated land.
- Directors and officers liability - determining individual responsibility for environmental offences, negligence or accidents.
- Hazardous waste management - obtaining permits, outlining requirements for transportation, disposal, storage, treatment and management of industrial and toxic waste.
- Insurance clauses - property and business policies carry some form of coverage relating to environmental damage. There are often exclusions for certain types of pollution. Policies can also be triggered by certain occurrences.
- Lease disputes - environmental indemnities, waste provisions, "clean provisions", lease termination, tenant obligations.
- Migration of contaminants - pollution typically crosses water, air and land space controlled by several parties. Regulators will want to ensure that your proportion of responsibility and risk is clear.
- Municipal issues - permits, zoning, subdivision development requirements, Site Profiles and occupancy. Municipalities work with the Ministry of Environment to ensure that land is remediated before it's developed. Compliance from the outset is essential to a smooth process.
- Quasi-criminal offences and prosecutions. Representation against charges under the Environmental Protection Act, CEPA, the Fisheries Act and the Migratory Birds Act.
Typical Situations
- A commercial real estate developer wants to build a shopping centre on a lot currently occupied by a gas station. Land inspections and remediation must be done, and permits need to be acquired.
- A municipality discovers that vapours from land and air pollution are causing respiratory problems in an adjacent neighbourhood.
- A train derails near a provincial park. Liquid propane is spilled, contaminating land and causing major financial loss to the rail company, the companies selling and buying the propane and the province. Insurance will cover some of the damage, but citizens are concerned about clean-up and lasting effects.
Select Cases
- Lead counsel for CN Rail in a matter considered one of the most influential decisions regarding “responsible person” status of historic owners/operators of contaminated sites, Beazer East Inc., et al. v. Ontario.
- Acting for an international distributor in defence of various charges under the Ozone Depletion Regulation.
- Representing an energy company in a matter before the Environmental Appeal Board regarding the responsibility of individual directors, officers and employees for corporate liability, Lawson v. Deputy Director Waste Management et al.
- Representing an energy company in litigation that addressed the preconditions to cost recovery actions, No. 158 Seabright Holdings Ltd. et al v. Imperial Oil Limited et al.
- Co-counsel for a pension plan that owns a significantly contaminated property on Toronto Island. Issues addressed included historic contamination, source identification and migration. Involved a week-long mediation involving 17 counsel for parties involved and over eight years of negotiation.
- Co-counsel for a corporation dealing with quasi-criminal offences under the Wildlife Management Act.
- Conducting Judicial Review proceedings before the Ontario Supreme Court in an environmental matter.
