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Contaminated Sites


The lawyers at Fasken help clients understand, manage and minimize potential risks and liabilities associated with contamination.
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Overview

We can help with any contaminated site.  Whether it is assisting with an investigation and obtaining approval of remediation plans, ensuring proper reporting to regulatory agencies, or managing a rezoning or a condition to a real estate transaction, our in depth understanding of the regulatory environment allows us to offer practical solutions. We assist clients in both pursing and resisting claims for compensation for property that has been contaminated - whether historically or from migration - through commercial negotiation and, if necessary, litigation.

 

We have dealt with contaminated lands of all types, from residential to commercial to industrial, and for a wide range of commercial and industrial clients. That experience has given us a broad understanding of the issues that arise from contamination and, with that experience, an unmatched capacity to assist our clients.

 

Contamination issues can arise or escalate unexpectedly in the midst of time-sensitive transactions.  Our thorough understanding of the regulatory requirements and years of experience across Canada allows us to manage our clients’ interests in a complex technical area.  Interaction with regulators is often critical in order to successfully address the risk of contamination.  Our lawyers have experience in communicating with regulators in a language that they understand.

 

A large portion of our work involves brownfield development; we collaborate with the range of consultants and professionals in the real estate industry on these matters.  Obtaining final regulatory certificates and other regulatory approvals that allow a project or development to proceed is a process.  Success requires the development and execution of a comprehensive plan for remediation and a strategy for engaging with regulators and other parties.  We provide advice at all stages of this process.

 

We structure our work to be as time-sensitive and efficient as possible.  This is where our experience handling a multitude of matters from large scale property redevelopment to toxic tort litigation is brought to bear for the benefit of our clients.  In short, we get it done.

 

Subscribe to our “Environmental Bulletin” newsletter, browse our recent work or contact any of our lawyers to discuss how we could help with your project.

Team

Primary Contacts
  • Paul C. Wilson, Counsel, Vancouver, BC, +1 604 631 4748, pwilson@fasken.com
  • Rosalind H. Cooper, Partner, Toronto, ON, +1 416 865 5127, rcooper@fasken.com
  • Kevin O'Callaghan, Partner | Leader, Indigenous Legal Matters, Vancouver, BC, +1 604 631 4839, kocallaghan@fasken.com

Client Work

  • Defence of unprecedented federal environmental prosecution for Teck Coal, [Case - Teck Coal Limited], The Federal Crown approved charges under the Fisheries Act, alleging that Teck Coal had deposited or permitted the deposit of a deleterious substance, coal mine waste rock leachate, from two of its mines over a ten year period.
  • Advising CPR on environmental issues including resolving responsibility for environmental issues, remediation of contaminated sites, environmental advice on CPR transactions, operations, and environmental permitting and approvals, [Deal - Canadian Pacific Railway]
  • Atlantic Waste Systems v. Attorney General of Canada, [Case - Hemmera Envirochem], Defence of an environmental consultant in a government environmental cost recovery action.

Knowledge

  • Supreme Court holds that Environmental Clean-Up Orders may be Compromised under the CCAA, Depending on the Facts, 12/12/2012
  • ESG Issues in a Changing World – Fasken Webinar Series, The global business community continues to address the twin crises around public health and the economy, corporations are examining their role within our socio-economic system.

Events

News

  • The Huffington Post Québec quotes Pierre-Olivier Charlebois in an article on the dumping of waste water into the St. Lawrence River, 10/14/2015

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