Tamara Farber

Partner | Toronto

416.595.8520

Portrait of Tamara Farber

Insolvency and Environmental Law Collide: Supreme Court of Canada Rules in Favour of Alberta Energy Regulator in Redwater Decision

The Supreme Court of Canada (“SCC”) has released its decision in Orphan Well Association v. Grant Thornton Limited (2019 SCC 5) regarding the bankruptcy of Redwater Energy Corporation, and the strategy of Redwater’s trustees in bankruptcy to try to sell...

More

Tamara Farber quoted in Thomson Reuters article on obligations of bankrupt companies

Law Times, "Ruling on obligations of bankrupt companies coming"

In the spring, the Supreme Court of Canada heard arguments in Orphan Well Association, et al. v. Grant Thornton Limited, et al., regarding the obligations that trustees or receivers of bankrupt companies have when it comes to cleaning up contaminated sites...

More

Environmental Liability of Commercial Landlords: Limited Landlord Liability for Acts/Omissions of its Tenants

A case review of Sorbam v Litwack 2017 ONSC 706 (CanLII), aff’d 2017 ONCA 850 Synopsis The case involves a somewhat typical contaminated land dispute between neighbouring commercial property owners. The plaintiff conducted investigations on its property in support of...

More

Climate Change Progress in 2015, COP21 and What’s Next?

2015 was a ground-breaking year for climate change regulation in Ontario. The province made several announcements regarding plans and strategies for how to best lower greenhouse gas emissions in order to meet targets in the coming years. Recap: 1. Ontario...

More

Does Ontario Court of Appeal Midwest Decision Signal Big Changes to Environmental Civil Litigation in Ontario?

A potentially very significant decision was released by the Ontario Court of Appeal on Friday November 27, 2015 in Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819. The Midwest decision is a complete reversal of every aspect of the 2013...

More

Environmental Issues in Property Development

Miller Thomson seminar

More

Expert Testimony in Environmental Claims: Participant vs Litigation Experts

Lexology, May 2015; Ontario Bar Association Environmental Publications, April 2015

More

Testimony in Environmental Claims

Environmental Science & Engineering Magazine, July/August 2015

More

Expert Testimony in Environmental Claims: Participant vs Litigation Experts

The Ontario Court of Appeal has recently discussed the drafting of expert reports and the nature of expert testimony (respectively in Moore v Getahun, 2015 ONCA 55 (CanLII) and Westerhof v Gee, 2015 ONCA 206 (CanLII)).  Neither of these cases...

More

Environmental Matters

Condo Business

More

Addressing Environmental Issues in Negotiating Purchase and Sale Agreements

Ontario Bar Association, May 2014

More

Summary Judgment in Contaminated Land Litigation

Summary Judgment – a potential tool in defending contaminated land litigation In Windsor v. Canadian Pacific Railway Ltd., 2014 ABCA 108 (“Windsor”), the Alberta Court of Appeal summarily dismissed certain claims in an environmental class action.  The appellant, Canadian Pacific...

More

Summary Judgment – A Potential Tool in Defending Contaminated Land Litigation

In Windsor v. Canadian Pacific Railway Ltd., 2014 ABCA 108 (“Windsor”), the Alberta Court of Appeal summarily dismissed certain claims in an environmental class action.  The appellant, Canadian Pacific Railway Ltd. (“CP”), operated a locomotive repair facility near Calgary. Nearly...

More

Contaminated Land: Transactional Tools – the Record of Site Condition

Ontario Bar Association's Institute 2014, February 6-8

More

Northstar directors and officers settlement: Does $4.75M buy certainty?

The Ontario Ministry of the Environment (MOE) recently entered into a settlement agreement with the former officers and directors of Northstar Aerospace (Canada) Inc. for $4.75 million1. The payment by the directors and officers was on a no-fault basis to remediate...

More

Northstar directors and officers settlement: does $4.75m buy certainty?

Lexology 2013; EnviroNotes! September 2013

Read the Full Article on Lexology.com Last week, the Ministry of Environment entered into a settlement agreement with the former officers and directors of Northstar Aerospace (Canada) Inc. for $4.75 million[1]. The payment by the directors and officers was on...

More

Turtles One, Turbines Zero

The Ostrander Decision The slowest doesn’t always finish last. At least that was one lesson learned in July 2013 when the Environmental Review Tribunal (“Tribunal”) delivered an unprecedented decision in Alliance to Protect Prince Edward County v. Director, Ministry of...

More

Contaminated Land: Commercial, Regulatory and Insolvency Considerations

Law Society of Upper Canada's Commercial Priorities for Real Estate and Business Lawyers 2013 program

More

Rewind re Wind

The latest case to challenge wind turbines and related health effects got, and then lost, some wind in its sails in February 2012 when the Ontario Environmental Review Tribunal ruled on 2 separate motions in the Zephyr Farms case.  Middlesex-Lambton...

More

Environmental Due Diligence in the Acquisition and Sale of Contaminated Assets

Envirogate - Documenting and Demonstrating Environmental Due Diligence

More

No Harm, No Nuisance – The Ontario Court of Appeal Lays Out What Will, and Will Not, Fly in Proving Nuisance: Smith v. Inco Limited

Introduction On October 7, 2011 the Ontario Court of Appeal released its decision in Smith v. Inco Limited, 2011 ONCA 628.  The case was brought as a class proceeding by a number of residents of Port Colborne, Ontario who sought...

More

In the World of Wind – Setback Shmetback – No Harm, No Foul

Hanna v. Ontario (Attorney General) was at the centre of some controversy amongst those in the Ontario environmental and renewable energy bar. What seemed to start out as an attempt by a local resident to potentially quell wind power development...

More

Wind Turbines and Health: Court Upholds Wind Energy Developments

Canadian Consulting Engineers

More

ERT Decision Paves the Way for Wind Power in Ontario…or Does It?

Environews - Environmental Law Section, Volume 21, No. 1; Lexology 2011; EnviroNotes! - Enironmental Alert August 2011

More

ERT Decision Paves the Way for Wind Power in Ontario

I recently wrote an article on the Hanna v. Ontario (Attorney General) decision of the Ontario Divisional Court which appeared in the July edition of the Ontario Bar Association’s Environews1, and is re-printed below. In that case, the Divisional Court...

More

In the World of Wind: Setback Shmetback – Divisional Court Says Not Their Call

Hanna v. Ontario (Attorney General)1 is at the centre of some controversy amongst those in the environmental and renewable energy bar. What seemed to start out as an attempt by a local resident to potentially quell wind power development in...

More

In the World of Wind: Setback Schmetback – Divisional Court Says Not Their Call

Environews 20:4 2011; Lexology 2011; EnviroNotes! May 2011

More

Can Title Insurance Protect You from Environmental Defects?

Sometimes, looking at US case law can provide a real pick me up for how well we do things in Canada. But you have to give the Americans credit for attempted ingenuity – after all, that’s what gives us such...

More

Investment Properties May Come With Surprise Environmental Liabilities

It's Personal (Vol. 4, Iss. 1), 7

More

The Bionic Brownfield: Regulation 153/04

Institute 2011

Amendments to record of site condition regulation: better, stronger, faster?

More

Developing Brownfields – Regulation Changes in Ontario have big impact

Canadian Consulting Engineers

More

GLOBE 2010: A Recap of Sessions

The GLOBE Foundation is a Vancouver-based, not-for-profit organization dedicated to finding practical business-oriented solutions to environmental problems.  GLOBE 2010 brought about 10,000 people to post-Olympic Vancouver to talk about the business of the environment. A number of Miller Thomson’s environmental...

More

Amendments to the Brownfields’ Regulation

More

Green Roofs Coming to Toronto

More

Expert Evidence in Environmental Claims – Lessons from the South

Putting the Puzzle Together: An exploration of Emerging and Critical Issue in Environmental Civil Litigation

More

Cousins v. McColl-Frontenac Inc.: Update – SCC Grants Leave to Appeal but Settlement Prevails

OBA Environews, Vol. 18 (April 2009)

More

Expert Evidence in Environmental Claims – Lessons from the South

OBA’s Putting the Puzzle Together: An Exploration of Emerging and Critical Issues in Environmental Civil Litigation Seminar

More

The ‘Greening’ of Leases

More

‘Green’ Leases: A Primer

More

Two Can Play at this Game: Cross-Border Pollution Enforcement

OBA Environews, Vol. 17

More

“Clean and Neat” – Environmentally Speaking?

More

Two Can Play at This Game: Cross Border Pollution Enforcement

More

Carbon Disclosure – Do Investors Want to Know How Companies Are Addressing Climate Change Issues?

More

Waiver of Torts, a Potential Arrow in the Quiver of Climate Change Class-Action Litigants?

More

Environmental Litigators Beware – What You Don’t Ask For in Discoveries Might Come Back to Bite You in the Contaminated Zone!

More

Transboundary Air Pollution Issues Get A Little Murkier

More

Green Commodities: The OSC and the Future of Emissions Trading

More

Two-Tier Test of Impairment of Water Quality Means the City of Kingston Gets Another Chance

More

Management of Biomedical Waste in Ontario

More

Brownfields Bill Enacted

More