Contaminated Sites Liability & Litigation Risk

Remarks from the Co-Chairs

Natalie Mullins
Partner
Gowling WLG, Ontario

André Durocher
Partner
Fasken, Québec

Bryan J. Buttigieg
Certified Specialist, Environmental Law
Miller Thomson LLP, Ontario

How to Meet Reporting Obligations Across Jurisdictions When a Contamination is Discovered and Exploring the Consequences of Not Reporting

Norm Rankin
Counsel, Legal Services
Environment, Conservation and Parks, Ontario

Warren Rospad
Contaminated Sites Specialist
Manitoba Conservation and Water Stewardship, Manitoba

Maylia Kempt Parker
Director of Air Quality & Resource Management, Sustainability and Applied Science Division
Nova Scotia Environment

Jonas Fenn B.Sc. PAg.
Manager Remediation and Reclamation Energy Regulation Division, Ministry of Energy and Resources
Government of Saskatchewan

• Obligations for reporting historic contamination versus current contamination
• Identifying where legal responsibility lays on Crown land, or the contamination originated from a federally owned site
• Determining who is the regulator when contamination crosses jurisdiction

Ethics and Professional Responsibility when Meeting Your Environmental Obligations

Matt Benson
Partner
Cunningham, Swan, Carty, Little & Bonham LLP, Ontario

This session can be applied to 1 Professionalism Hour(s) with the LSO.

• Maintaining confidentiality of information in transactions
• Avoiding and managing conflicts of interest when representing multiple parties in the same matter, or former clients in the same matter, as it pertains to environmental obligations
• Responding appropriately to client dishonesty or fraud when complying with environmental matters

Break

Mitigating Legal Negligence and Liability when Buying and Selling a Contaminated Property

Arnie Herschorn
Partner
Minden Gross, Ontario

• Protecting the buyer, seller or investor during a land transaction
• Upholding duty to indemnify amid a competitive bid process
• Acting for buyer and seller, with a look at Dobara Properties Limited et al. v. Arnone et al., (2016 ONSC)
• Non-disclosure of a known contamination, with a look at the Supreme Court of British Columbia decision on Ban v. Keleher, (2017 BCSC)

Liability of Owners and Tenants for Historical Contamination in Ontario following the Hamilton Beach Decision

Paul McCulloch
Crown Counsel, Legal Services Branch
Ministry of the Environment and Climate Change, ON

Joanna Rosengarten
Counsel, Environmental Group
McCarthy Tétrault, Ontario

A look at Ontario’s Divisional Court ruling on Hamilton Beach Brands Canada Inc. v. Ministry of the Environment and Climate Change, (2018 ONSC) which decided the current occupants of a property can be found responsible for historical contamination that spreads to neighbouring sites.

• Identifying the responsibilities of a tenant or site owner to address historic onsite contamination, or adjacent contamination
• What protection do you have as a brownfield developer?

1:1 Networking with Speakers and Delegates

Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

Break

Contaminated Sites Litigations: Who is at Fault? What is the Extent of Liability? How to Prove Damages?

André Durocher
Partner
Fasken, Québec

• A case study of TCE contamination in groundwater at CFB Valcartier, and the class action lawsuit against the federal government and SNC-Lavalin
• Establishing the cause of the contamination, whether recent or historic
• Determining if the contamination was caused by the current owner, the previous owner or a neighbouring site
• Discussing how the spread of contamination can change who is at fault, and when

Recovering Remediation Costs

Bryan J. Buttigieg
Certified Specialist, Environmental Law
Miller Thomson LLP, Ontario

Kinji C. Bourchier
Partner
Lawson Lundell LLP, British Columbia

• Seeking compensation from a third party for costs incurred during the prevention or remediation
  of damage
• Actions for recovering costs when the third-party is insolvent or no longer operating

Break

CASE STUDY:

Risk Management of Light Non-Aqueous Phase Liquid (LNAPL) at Kraut Point Small Craft Harbour, Nova Scotia

Derek AuCoin
Senior Environmental Specialist
Public Services and Procurement Canada, Nova Scotia

Roxanne MacLean, P.Geo
Senior Environmental Officer, Regional Office of Environmental Coordination (ROEC)
Fisheries and Oceans Canada

A look at the government process and remediation of Light Non-Aqueous Phase Liquid (LNAPL) at Kraut Point Small Craft Harbour, Riverport, Lunenburg County, in Nova Scotia.

• Managing a Federally Contaminated Site as outlined in the Decision Making Framework
• Considerations for Development of a Remediation/Risk Management (RM) Strategy
• Implementing the Light Non-Aqueous Phase Liquid (LNAPL) Framework as part of the RM Strategy

How to Obtain Contracts Federal Financial Liabilities and Funding Opportunities **

Ian Chatwell
Regional Director, Programs, Pacific Region
Transport Canada

Mary Taylor
Director General
Environment and Climate Change Canada, Québec

The Federal Contaminated Sites Action Plan (FCSAP) has earmarked $1.16 billion to be spent by 2024 to reduce environmental and human health risks from known federal contaminated sites and associated. This session will examine how the funding is being allocated and lessons learned from contaminated land remediation case studies.

Lessons Learned from Legacy Uranium Mine Remediation on Crown Land **

David Sanscartier, P.Eng, PhD
Project Engineer
Saskatchewan Research Council (SRC)

Closing Remarks from the Conference Co-Chairs