Profile
Bryan is recognized as one of the leading practitioners in Environmental Law in Canada. He is certified by the Law Society of Upper Canada as a specialist in Environmental Law. His practice is a combination of litigation and transactional advice.
Bryan has represented corporations and individuals in litigation arising out of the sale, purchase and use of contaminated property. He provides advice in claims for environmental damages, including clean-up costs, loss of use, loss of market value and negligent misrepresentation.
Bryan also provides advice to purchasers, vendors, landlords, tenants, lenders and investors in transactions involving the purchase and sale of contaminated sites and brownfields development. He makes recommendations on how to market and sell contaminated sites to protect against future liabilities, advises landlords and tenants of their respective duties and obligations and has negotiated creative solutions to environmental problems that would not be available as remedies through litigation.
Bryan has successfully represented clients charged under provincial regulatory legislation, such as the Environmental Protection Act, the Ontario Waters Resources Act, the Transportation of Dangerous Goods Act and the Occupational Health and Safety Act. He advises on best practices for working with inspectors and investigators to help prevent prosecution. In administrative law matters, he advises on appeals before various government boards and administrative tribunals, and on reviews of administrative orders under environmental statutes.
Bryan is trained as a mediator and is a panel member of the Canadian Centre for Environmental Arbitration and Mediation. He is co-Chair of Miller Thomson’s Toronto-Markham Litigation Group.
He was chair of the Rouge Watershed Task Force, which in 2008 received the TRCA Honour Roll Award.
Education
- LL.B., University of Toronto, 1987
- B.A., University of Toronto, 1984
Professional Achievements
- 2012 Canadian Legal Lexpert® Directory
- Certified Specialist, Environmental Law, The Law Society of Upper Canada
- Leading Lawyer, Environmental Law, Lexpert
- Best Lawyers in Canada, Environmental Law
- BV Rated, Martindale-Hubbell
Representative Work
- Environmental counsel to purchaser of former oil refinery property on environmental risk management, regulatory approvals, Record of Site Condition and brownfield development
- Environmental counsel to prominent brownfield developer on several purchase, remediation development and subsequent sale of brownfield sites across Ontario
- R. v. Petro-Canada, 2009 CarswellOnt 2224 (trial of company charged with failing to comply with a condition of its certificate of approval by exceeding the effluent limit for oil and grease from an oil separator)
- R. v. Petro-Canada, 2008 CarswellOnt 6540 (trial of employer charged with two counts of failing to take reasonable precautions for protection of worker under s. 25(2)(h) of the Occupational Health and Safety Act)
- Ontario (Ministry of Labour) v. Brant Corrosion Control Inc., 2008 CarswellOnt 8593 (trial of company and two of its employees charged with an aggregate of 7 offences contrary to the Occupational Health and Safety Act)
- R. v. Petro-Canada (2008), 36 C.E.L.R. (3d) 284, 78 W.C.B. (2d) 630 (appeal by Crown from judgment granting motion for non-suit in trial of accused company on charge of failing to comply with certificate of approval issued by the Ministry of Environment)
- R. v. Devlan, 2007 CarswellOnt 8911 (trial of contractors charged with failing to ensure safe workplace)
- Lionhead Investments Inc. v. Petro-Canada, 2006 CarswellOnt 3624 (action on interpretation of an indemnity agreement executed as part of a real estate transaction involving a contaminated site)
- Ontario (Director under the Environmental Protection Act) v. Becker Milk Co., 2005 CarswellOnt 5161 (appeal by director from decision of the Environmental Review Tribunal awarding costs of appeal to respondents)
- Residents Against Company Pollution Inc., Re, 1997 CarswellOnt 1395 (Ont. Env. App. Bd.) (appeals from decision of the Environmental Appeal Board, granting leave to appeal portions of certificate of approval issued to Petro-Canada)
Directorships
- Past Chair, Rouge River Watershed Task Force
- Past Executive Member, Environmental Law Section, Ontario Bar Association
Community Involvement
- Noise Reduction Task Force
- Paddle the Don
Memberships
- Canadian Bar Association
- American Bar Association
- National Brownfields Association
- The Advocates’ Society
Presentations
- “Ministry of the Environment Announces Framework for Major Overhaul of Ontario's Environmental Approvals”, EnviroMation, CCH Canadian Limited (April 2010)
- “Ministry of the Environment Announces Framework for Major Overhaul of Ontario's Environmental Approvals”, EnviroNotes! (April 2010)
- “After the Spill: Issues to Consider in Dealing with the Long Term Implications and Liabilities of a Spill”, OBA Institute 2010 of Continuing Legal Education (February 2010)
- “Tough on Noise”, REM (Resource Engineering and Maintenance) Magazine (Winter 2009) (CLB Media Inc. retains article copyright and has granted permission for posting on this web site)
- “Dead Cows (and other environmental claims)”, Leasing Times (January 2009)
- “The Obligation to Provide Personal Protective Equipment – What if No 'Appropriate PPE’ Exists?”, Construction and Infrastructure Law Newsletter (December 2009)
- “Ontario's Toxics Reduction Act, 2009 to Come into Force”, EnviroNotes! (December 2009)
- “The New Apology Acts - Caution Still Applies When Saying You are Sorry”, Criminal Law, Regulation & Enforcement Newsletter (November 2009)
- “Ontario Court Limits Interrogation Powers”, Criminal Law, Regulation & Enforcement Newsletter (April 2009)
- “Statutory Obligations, Provincial Offences and Due Diligence – How to be Prepared”, Charities and Not-For-Profit Newsletter (March 2008)
- “Ontario MOE Announces New Brownfields Standards”, EnviroNotes! (Fall 2008)
- “Not Knowing Penalties Could Get Executives in Serious Trouble”, Canadian FundRaiser eNews (March 2008)
- “Brownfields Changes Proposed in Ontario: Horizontal Severances ("Pie Crusts") to be Prohibited?”, EnviroNotes! (February 2007)
- “Environmental Regulations Affect the Construction Industry Too”, Construction and Infrastructure Law Newsletter (Spring 2007)
- “Polluter Pays: Read On!”, Leasing Times (February 2007)
- “PCB Use and Storage to be Eliminated Across Canada Under Proposed Federal Regulations”, Communiqué for the Health Industry (December 8, 2006)
- “Charities as Developers of Contaminated Lands: What you Need to Know”, Charities and Not-For-Profit Newsletter (May 2006)
- “New Environmental Review Tribunal Rules Allow Costs Awards Against Parties”, EnviroNotes! (February 2006)
Faculty Experience
- Guest Lecturer, “The Role of the Engineer in Environmental Litigation”, School of Engineering, University of Guelph; Faculty of Engineering, University of Toronto
Publications
- Consulting Engineers help develop new Ontario soil background data for use in brownfield site remediations, Canadian Consulting Engineer, December 2010, 2010
- Ontario’s Water Opportunities and Water Conservation Act, EnviroNotes!, September 2010
- Environmental Approvals Reform in Ontario, EnviroNotes!, September 2010
- The Crown Duty to Disclose in Criminal Proceedings: R v McNeill, Criminal Law, Regulation & Enforcement Newsletter, June 2010
- Ministry of the Environment Announces Framework for Major Overhaul of Ontario's Environmental Approvals, Enviromation, CCH Canadian Limited, 2010
- Ministry of the Environment Announces Framework for Major Overhaul of Ontario's Environmental Approvals, EnviroNotes!, April 2010
- After the Spill: Issues to Consider in Dealing with the Long Term Implications and Liabilities of a Spill, 2010
- The obligation to provide personal protective equipment - What if no 'Appropriate PPE" exists?, Construction and Infrastructure Law Newsletter, December 2009
- Ontario's Toxics Reduction Act, 2009 to Come into Force, EnviroNotes!, December 2009
- The New Apology Acts - Caution Still Applies When Saying You are Sorry, Criminal Law, Regulation & Enforcement Newsletter, November 2009
- Ontario Court Limits Interrogation Powers, Criminal Law, Regulation & Enforcement Newsletter, April 2009
- Tough on Noise ("Article published in REM (Resource Engineering and Maintenance) magazine. CLB Media Inc. retains article copyright and has granted permission for posting on this web site."), Rem Magazine, 2009
- Dead Cows (and other environmental claims), Leasing Times, January 2009
- Ontario MOE Announces New Brownfields Standards, EnviroNotes!, Fall 2008
- Not Knowing Penalties Could Get Executives in Serious Trouble, Canadian FundRaiser eNews, 2008
- Statutory Obligations, Provincial Offences and Due Diligence - How to be Prepared, Charities and Not-for-Profit Newsletter, March 2008
- Environmental Regulations Affect the Construction Industry Too, Construction and Infrastructure Law Newsletter, Spring 2007
- Landowners as Developers of Contaminated Lands: Examining Assessment, Site Characterization and Standard Selection, Remediation and Development, Corporate Liability, Vol. XI, No.4, 2007
- Brownfields Changes Proposed in Ontario: Horizontal Severances ("Pie Crusts") to be Prohibited?, EnviroNotes!, February 2007
- Polluter Pays: Read On!, Leasing Times, February 2007
- PCB Use and Storage to be Eliminated Across Canada Under Proposed Federal Regulations, Communiqué for the Health Industry, December 8, 2006
- Charities as Developers of Contaminated Lands: What you need to know, Charities and Not-for-Profit Newsletter, May 2006
- New Environmental Review Tribunal Rules Allow Costs Awards Against Parties, EnviroNotes!, February 2006
- Landowners as Developers of Contaminated Lands: Examining Assessment, Site Characterization and Standard Selection, Remediation and Development, Corporate Liability, Vol. XI, No.4, 2006
- Brownfields Update - Mandatory RSC Filing Will Become Law On October 1, 2005, EnviroNotes!, June 2005
- Ontario's Brownfield Amendments Take Effect, EnviroNotes!, November 2004
- Engineers & the law, Canadian Consulting Engineer, 2004
- The Supreme Court of Canada Endorses the Concept of "Polluter Pays" - But What Does it Mean?, EnviroNotes!, November 2003
- Ontario Court of Appeal Clarifies Law of Due Diligence, EnviroNotes!, April 21, 2003
- Accepting Gifts of Potentially Contaminated Lands, Charities and Not-for-Profit Newsletter, September 2002
- Court of Appeal Releases Decision in Tridan v. Shell, EnviroNotes!, January 23, 2002
- What Can You Pour Down the Drain?, Communiqué for the Health Industry, November 2, 2001
Industry Expertise
Key Practice Expertise
Areas of Focus
- Environmental Compliance
- Environmental Due Diligence
- Contaminated Sites
- Brownfield Re-development
Year of Call
- Ontario Bar, 1989
