Our Practice
Our specialized group of environmental lawyers is well known in the legal and business communities for their expertise, technical understanding and entrepreneurial approach to environmental issues in a wide range of transactions. Our group has developed expertise in transactions around the world and brings added value through our understanding of how to cost-effectively coordinate with environmental consultants, local lawyers and government regulators. We provide experienced risk analysis on environmental issues identified during the due diligence process and craft creative solutions to environmental problems.
We work with clients to manage regulatory issues in their Canadian and world-wide business operations. We ascertain permit requirements for projects in the energy, natural resource and manufacturing sectors. Corporate boards and officers and directors seek our advice in relation to regulatory and civil exposure to environmental liability. Our environmental lawyers also advise in arbitration and litigation files involving environmental issues.
Our Work
Representative files include:
Regulatory
• Specialist advice on the workings of contaminated land regimes and protecting against or managing any associated liabilities;
• Assisting landowners in the remediation and redevelopment of "brownfields" in various Canadian cities;
• Advising on civil and criminal liabilities of polluters;
• Advising on the movement of hazardous substances and waste in and out of Canada;
• Advising employers on a broad range of health and safety issues regarding hazardous substances (such as asbestos).
Litigation
• Acting for Hollinger Farms No. 1 Inc. and Alton Farms Inc. seeking a declaration that a class environmental assessment process of a proposed land exchange was not properly authorized by Ontario’s Environmental Assessment Act;
• Acting for Canplas Industries Ltd. in its defence of claims regarding the alleged source of extensive aquifer contamination in Barrie, Ontario;
• Acting for Canadian Pacific Express & Transport Ltd. in its defence of claims under several leases for contamination at a former terminal facility in Ontario.
Transactions
• Represented Canadian steel giant Ivaco Inc. and several Ivaco subsidiaries in the sale of assets to The Heico Companies, L.L.C. Assets included six manufacturing facilities in Ontario and Québec;
• Represented The Circle K Corporation in its purchase from ConocoPhillips Company, with assets including over 300 gas station locations across the United States;
• Represented Barrick Gold in the structured trade/project financing of its Veladero greenfield gold mine project in the vicinity of a UNESCO biosphere in Argentina;
• Represented Abitibi-Consolidated Inc. in the sale of approximately 196,000 hectares associated with its pulp and paper operations;
• Acted for various lenders in assessing environmental matters related to the design and construction of the rapid transit line serving the Vancouver airport.
Recognition
Our environmental practice is rated as ''consistently recommended'' by the 2005 Canadian Legal Lexpert Directory.
Sarah Powell is certified by the Law Society of Upper Canada as a Specialist in Environmental Law.
