Environmental

Areas of Expertise

• Aboriginal law
• Brownfields
• Cap and trade
• Carbon capture
• Carbon taxes
• Circular economy
• Climate change
• Compliance
• Conservation
• Due diligence
• Emergency response
• Energy storage
• Environmental approvals
• Environmental, Social and Governance (ESG)
• Government policy
• International treaties
• Investigations
• Litigation
• Renewables programs
• Toxic substances
• Waste management
• Water and wastewater treatment

Representative Experience

Over the past thirty years we have acted in connection with virtually every major environmental disaster in Ontario. These and other significant matters include:

• Represented Uniroyal Chemical over the contamination of ground water from industrial activities which included conducting the longest hearing ever held before the Ontario Environmental Appeal Board (now the Environmental Review Tribunal).
• Represented the owner of an automotive tire storage facility before the Environmental Appeal Board and the Courts following the Hagersville tire fire, the largest such fire in Ontario history.
• Represented the Public Utilities Commission of Walkerton in the hearings over the largest water contamination case in Canadian history.
• Represented Crompton Co./Cie in the leading case on the power of governmental officials to conduct inspections under the Environmental Protection Act (Ontario). R. v. Crompton Co./Cie (2005), 78 O.R. (3d) 135 (C.A.).
• Advising a client on environmental issues in an ongoing matter concerning a sale and leaseback transaction. The project involved exchanges of lands, the creation of easements to preserve dykes used to separate a reconfigured quarry from a marsh, road closings and the diversion of a creek through a right of way that travels under a major hydroelectric transmission corridor.
• Our representation of a retail client in lawsuits due to contamination of property. WeirFoulds also advises the client on environmental issues, including contaminated property, and purchase and sale transactions.
• We provided environmental assessment advice concerning a new project in Hamilton, Ontario, that derives energy from waste products.
• We acted for a REIT on an appeal to the Court of Appeal on an environmental matter, seeking to set aside a summary judgment.
• We have advised a chemical manufacturing company concerning their environmental work for more than 28 years. We supply ongoing advice concerning environmental issues and regulatory compliance, and have represented the client in lawsuits and prosecutions on environmental issues.
• Represented a client at an Environmental Review Tribunal regarding the contamination of property by a neighbour. WeirFoulds is representing the client in a lawsuit against the government and an insurance company related to the contamination.
• We advise clients on environmental issues related to pits and quarries and represent clients in hearings seeking licences for pits and quarries.
• We represented Officers and Directors regarding their liability for contamination caused by companies.
• We mediate and arbitrate disputes on environmental issues.
• We represented a client in judicial review proceedings to quash a Minister’s Zoning Order.
• We are advising a client on decommissioning its manufacturing facility.
• We have represented clients involved in propane explosions.
• We advise consultants on compliance with environmental issues.
• We advise clients on insurance motions related to environmental claims.