Find Lawyers in Ontario, Canada for Environmental Law
Practice Area Overview
The range of legislation and regulations concerning protection of the environment, at the federal, provincial, and territorial level continues to expand, and the enforcement provisions continue to expand as well. At the federal level, the major environmental statutes include the Canadian Environmental Protection Act, which focuses primarily on the regulation of toxic substances; the Fisheries Act, which contains strict provisions for the protection of fish habitat and waters frequented by fish; and the Canadian Environmental Assessment Act, which requires federal authorities to conduct detailed environmental assessments of projects on federal land, projects for which the federal government is undertaking itself or is providing financing, and projects which require federal licences, permits, or authorizations under specific environmental statutes and regulations. At the provincial level, environmental management and protection statutes generally include specific provisions prohibiting discharges of waste to land, water, or air, subject to obtaining permits or licences which contain strict provisions for meeting discharge standards and requiring regular monitoring and reporting of both the level of discharges and potential effects on the environment. Provincial legislation also includes environmental assessment statutes requiring detailed environmental assessment of projects which have potential impacts on the environment. Similar environmental protection provisions and environmental assessment processes are applicable in the northern territories.
Environmental lawyers provide advice to businesses with respect to the development and adoption of policies and procedures for protection of the environment. The leading case of R. v. Bata Industries in 1995 addressed the potential for personal liability of corporate officers and directors and led to increased focus on the need to develop corporate environmental management policies to ensure compliance with environmental statutes, regulations, licences, permits, and approvals.
The leading case of R. v. Sault Ste. Marie established the concept of due diligence as a defense to non-compliance with environmental statutes and regulations. More recently, federal and provincial jurisdictions have moved toward the introduction of administrative penalties for non-compliance where the concept of strict liability applies. Environmental law includes both the prosecution and the defense of prosecutions relating to non-compliance.
Fines and penalties for non-compliance can be substantial and may exceed $1,000,000 per day for each day of the occurrence. Environmental statutes have also moved towards creative sentencing which can include requirements for implementing procedures for prevention of further non-compliance, remediation requirements, and public statements of accountability.
Addressing the issue of liability for contaminated sites has been a significant focus of environmental law. Commencing in the 1980s and 1990s, provincial jurisdictions adopted contaminated sites legislation which imposed absolute and retroactive liability for the remediation of contaminated sites on a wide range of potentially responsible persons including current and former owners and operators of the site. Both the rules and the processes for determining liability for remediation of contaminated sites are complex areas of the law.
Environmental lawyers also provide advice and services in relation to commercial and financial transactions, including the conduct of due diligence processes, the identification of environmental responsibilities and risks, and the allocation of those risks between the parties to the transaction.
Julie Abouchar, B.Sc. (Hons.), LL.B., B.C.L., LL.M., is a partner at Willms & Shier Environmental Lawyers LLP and certified as a Specialist in Indigenous Legal Issues and Environmental Law by the Law Society of Ontario. Julie provides solutions to environmental law issues including water taking and discharges, contaminated land risk avoidance, regulatory management and compliance. Julie is recognised for her experience working with Indigenous communities. Focusing on resource and infrastr...
Aaron Atcheson practices in the area of real estate and business transactions, and energy and infrastructure projects. Aaron has been repeatedly recognized as a leading lawyer and expert in energy, environmental law and property development and he represents a wide variety of parties across the infrastructure sector, including in the renewable energy industry. Aaron advises clients on structuring, regulatory, site acquisition, permits, procurement, construction and financing of energy and inf...
Charles (Chuck) Birchall, B.A. (Hons.), LL.B., LL.M., is a partner at Willms & Shier Environmental Lawyers LLP and certified as an Environmental Law Specialist by the Law Society of Ontario. Chuck practices in the firm’s Ottawa office. Chuck has over 30 years’ experience devoted exclusively to environmental law with particular expertise in contaminated land/brownfields site remediation, environmental compliance and approvals as well as environmental assessment matters. Chuck a...
Janet Bobechko is a Certified Specialist in Environmental Law and a nationally recognized senior practitioner with extensive experience in all aspects of environmental law, specializing in environment, governance and compliance. Janet’s environmental law practice is focused on climate change and sustainability, Environment Social Governance (ESG), real estate and brownfield development and environmental dispute resolution. She routinely provides sophisticated and strategic advice on env...
Jessica Boily is an environmental lawyer in Gowling WLG's Toronto office. Her practice focuses on environmental litigation, drawing on her commercial litigation background to achieve successful and cost-effective outcomes. She uses her procedural expertise and technical knowledge to advocate for her clients. Jessica understands that complex disputes require creative scientific and legal approaches. Her clients appreciate her practical advice when managing and resolving multi-party environment...
John is the former head of the firm's litigation practice. With degrees in both engineering and law, he practises in the areas of environmental law, litigation, and administrative law, and has appeared as counsel on matters in all levels of the courts in Ontario, and before several administrative tribunals, including the Environmental Review Tribunal, the Board of Directors of the College of Chiropractors of Ontario, the Commercial Registration Appeal Tribunal, the Law Society of Upper Canada...
Richard Butler, BSc (Hons.), MSc, LLB, is a partner at Willms & Shier Environmental Lawyers LLP. Richard practises advocacy before all levels of court and tribunals, including civil litigation, administrative appeals, and defence of environmental prosecutions. He provides advice and support to clients on all aspects of environmental law including regulatory compliance and approvals, contaminated land investigations and remediation and spills response, wastewater discharges, and waste mana...
Bryan Buttigieg is recognized as one of the leading practitioners of environmental law in Canada and is certified by the Law Society of Upper Canada as a specialist in Environmental Law. His practice includes a combination of litigation and transactional advice involving civil litigation and regulatory defence representation in environmental and occupational health and safety matters. Bryan has provided extensive advice in support of brownfields developments, site remediation, and financing o...
Adam Chamberlain is an active member of Gowling WLG's Environmental Law, Indigenous Law and the Canada North Practice Groups. Certified as a Specialist in Environmental Law by the Law Society of Upper Canada, Adam has practised environmental and energy law for most of his career, focused on infrastructure development. Adam's practice encompasses diverse matters related to the environmental and other regulatory requirements involved with project development. Adam is also extensively involved i...
Larry Cobb is a partner with a broad-based environmental practice focusing on business transactions, including financings, acquisitions and divestitures. He regularly advises clients on environmental liabilities and structuring business transactions to minimize those liabilities. Larry regularly offers environmental advice concerning contaminated sites and remediation, environmental permits, director and officer liabilities, insolvency and bankruptcy matters, the sale and purchase of real pro...
Rosalind Cooper is one of the leading and most widely-recognized environmental lawyers in Canada. She defends environmental charges, and litigates contaminated land and other environmental disputes before all levels of court. Rosalind is also involved in appeals and environmental assessment proceedings before the Environmental Review Tribunal and provides regulatory advice in all areas of environmental law. She is also a recognized environmental mediator and certified by the Law Society as an...
Jennifer Danahy is a partner in the firm's Toronto office, practising exclusively in the area of environmental law. As a solicitor, Jennifer works proactively with clients to provide timely and practical legal advice on environmental matters. This includes providing advice to lenders, borrowers, vendors and purchasers in relation to the environmental aspects of corporate transactions, assisting clients with the design and implementation of Environmental Management Systems and Best Management ...
John is one of Canada’s foremost experts in environmental, regulatory, administrative, and Indigenous legal issues in Canada’s North. John focuses on environmental approvals for resource development, land claims implementation, and modern treaties in the Northwest Territories and Nunavut. He advises industry, Indigenous groups, governments, and co-management tribunals involved in environmental impact assessment and land and water regulation for resource development projects in the...
Patrick Duffy is a partner and Co-Head of the Projects & Infrastructure Group. His practice focuses on project development that includes municipal and planning law, environmental permitting and litigation, energy regulation, and Indigenous engagement. He is highly sought after for his considerable experience with environmental assessments and other regulatory approvals in a variety of sectors, including renewable and non-renewable electricity generation, electricity transmission, mining, ...
Tamara Farber is a partner in the Toronto office of Miller Thomson practicing exclusively in environmental matters. She provides expertise on real estate and business transactions involving brownfield redevelopment and contaminated land sale and acquisition including investigating contaminated lands, environmental due diligence, audits, property remediation, site decommissioning, waste management, environmental compliance matters, environmental risk management, representations, warranties, in...
Matthew Gardner B.Sc. (Hons.), LL.B., is a Partner at Willms & Shier Environmental Lawyers LLP and is a Certified Specialist in Environmental Law by the Law Society of Ontario. Matthew practices environmental law and environmental litigation. He provides advice and solutions about environmental due diligence and compliance to a wide range of clients including industrial corporations, the construction and land development sectors and municipalities. Matthew also provides advice and solutio...
John Georgakopoulos B.Sc. (Hons.), M.Sc., LL.B., is a Partner at Willms & Shier Environmental Lawyers LLP and is a Certified Specialist in Environmental Law by the Law Society of Ontario. John resolves complex environmental legal issues for clients, uniquely drawing on his technical knowledge as a former senior environmental scientist with Ontario’s environmental regulator. John has particular expertise advising property developers, REITs, industrial manufacturers, and municipalitie...
Larry is a partner at Olthuis, Kleer, Townshend LLP practising at the intersections of Indigenous rights and environmental law. Larry has worked with First Nations on lands and resources issues for over 25 years, and has developed extensive experience in the negotiation of impacts and benefits agreements, environmental assessment, co-management measures, self-government and treaty provisions. He also represents and advises First Nations dealing with major mining, forestry and energy developme...
Lorraine Land practises Aboriginal and environmental law as a partner at OKT. She advises Aboriginal clients across Canada and particularly in the North. Lorraine provides negotiation advice and appears before Courts and tribunals on Aboriginal rights, land claims implementation, self government negotiation and implementation, consultation, impacts and benefits agreements, energy, and environmental matters. Lorraine has a Master's of Environmental Studies (with a concentration on northern Abo...
Marc McAree, B.A. (Hons.), LL.B., M.E.S., is a partner at Willms & Shier Environmental Lawyers LLP and certified as a Specialist in Environmental Law by the Law Society of Ontario.Marc provides advice and solutions to a wide range of clients to overcome their environmental law and litigation issues. Marc has significant environmental law expertise in contaminated land/brownfields clean ups, transactions and litigation, and environmental compliance and approvals. Marc also helps clients re...
Rod Northey is a partner in the Toronto office of the firm and a member of the firm’s Environmental Law Group. He is in his 29th year of private practice and certified by the Law Society of Upper Canada as a specialist in environmental law. Rod's practice focuses on regulatory approvals, hearings and appeals across the full range of approval regimes involving the environment — including environmental assessment, land use, endangered species, cultural heritage, energy, resource ext...
Tara Piurko has over 20 years of experience in planning and development, real property assessment and taxation, and municipal law matters. She regularly provides strategic advice, counsel and support to property owners, including public and private developers, on development approvals and land entitlement matters and real property assessment and taxation matters. She is an expert negotiator and has extensive experience securing development approvals, including settling official plan amendment...
Jacquelyn Stevens B.Sc. (Hons.), M.Sc., M.S.E.L., LL.B., is a Partner at Willms & Shier Environmental Lawyers LLP and is a Certified Specialist in Environmental Law by the Law Society of Ontario. Jacquie has significant expertise representing a wide range of clients in environmental civil litigation, defence of prosecutions by environmental regulators, and at administrative appeals and hearings. Jacquie also provides effective advice and solutions for environmental due diligence and compl...
Joanna Vince, B.Sc. (Hons.), J.D., is a Partner and Certified Specialist in Environmental Law by the Law Society of Ontario at Willms & Shier Environmental Lawyers LLP. Joanna has significant expertise assisting clients with environmental approvals and permits for developments and industry. Joanna advises industry, conservation authorities, governments and crown corporations, Inuit groups, tribunals and land claims organizations on environmental law matters. Joanna helps clients navigate ...
Barry is a founding partner of Weintraub Huang LLP. Barry's practice includes litigation of civil & corporate/commercial, environmental and employment matters. Barry is an experienced and successful trial and appellate counsel. He has made more than 1500 appearances in various types of proceedings before various courts at all stages of litigation and has also appeared before several different administrative tribunals. Barry has acted as counsel in numerous mediations and commercial arbitr...
Patrick Welsh is a partner in the Environmental Group in Toronto. Pat provides environmental advice to clients on commercial transactions, including land transactions, domestic and cross-border mergers and acquisitions, debt and equity offerings, and insolvencies and restructurings. Pat regularly works with environmental scientists and land use planners and draws on his extensive environmental transactional and regulatory experience to identify and mitigate environmental risks and address cli...
Sophie Langlois has a broad-based corporate and transactional practice with a particular focus on engagement with Indigenous peoples and ESG and sustainability. Sophie regularly advises and assists clients on private domestic and cross-border transactions across a broad range of industries and most often companies operating in the natural resources and mining sectors. She also regularly advises and assists clients with Indigenous, regulatory, and other ESG matters, including consultation and ...
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