Canadian and multinational businesses must navigate Canada’s environmental laws and regulations, which evolve constantly and vary from province to province. Miller Thomson’s Environmental Law Group is your trusted partner when it comes to managing environmental risk, including undertaking environmental due diligence, ensuring environmental regulatory compliance, preventing and defending against regulatory prosecutions, pursuing or defending environmental civil claims, structuring transactions involving environmental risk, and keeping up with this fast-moving area of the law.
Our lawyers include legal planners, negotiators, former regulators, and advocates who have the expertise that comes with deep experience and an understanding of the complex issues that face corporate decision makers, lenders, and regulators.
Environmental issues don’t stop at borders—neither do we
We have lawyers across Canada with expert knowledge and a high level of scientific literacy to guide you through the issues and regulations in multiple jurisdictions, nationally and internationally. We work with clients in waste management, petrochemicals, pulp and paper, mining, land development and brownfield redevelopment, energy projects and other leading Canadian industries to provide timely legal advice on all environmental aspects of their businesses.
Your guide through the changing regulatory environment
From assisting in structuring and understanding deals with environmental risks and environmental due diligence to protecting your rights in civil environmental claims, or complying with, defending against, or appealing orders from regulators, we partner with you to take care of your environmental and regulatory compliance needs. It can be difficult to navigate the constantly changing environmental regulations in Canada and international environmental laws and regulations. That’s why it is important to have legal representation that understands the broad regulatory landscape, and can provide sound guidance to help organizations successfully achieve their goals. We negotiate with regulators on behalf of our clients to produce positive results. Our practical and efficient approach to resolving regulatory issues helps you get on with your business.
We don’t just scratch the surface—we dig deeper
Potential environmental problems are often not visible at first glance. We help you dig below the surface to uncover issues before they affect your business. Our Environmental Law team has extensive experience with contaminated real property and environmental claims. We are leaders in evaluating environmental risk. Miller Thomson provides advice to real estate developers, property managers, lenders, insurers, and businesses in a wide range of regulated industries, among others.
We can help you with these areas of environmental law and more:
- Advocacy before administrative environmental tribunals
- Contaminated land/brownfield redevelopment
- Land acquisitions, development and sale
- Transactional environmental due diligence
- Climate Change – emissions regulation advice
- Defence of environmental and related prosecutions
- Directors and Officers liability
- Electricity storage projects
- Emission control and abatement (GHG, CO2e)
- Environmental approvals
- Environmental assessment
- Environmental civil litigation
- Environmental compliance
- Environmental liabilities in bankruptcy and insolvency
- Estate issues involving contamination or environmental disputes
- Indigenous resource disputes
- Insolvency related to environmental matters
- Legislative drafting and interpretation
- Nuisance-type claims (e.g. odour, noise, dust)
- Permitting of all kinds, including those required for major projects
- Renewable energy projects
- Waste management and rights
- Water and sewage servicing
- Wetlands issues
- Advised on transactions involving contaminated land and negotiate agreements between land owners dealing with environmental contamination, brownfield redevelopment and brownfield funding
- Advised on significant contaminated land litigation in Ontario, BC, Saskatchewan, Alberta and Quebec, all involving multi-party litigation, historical land ownership, requiring significant understanding of contaminant migration patterns and movement
- Argued precedent setting contaminated site cases in B.C., Ontario, and the Supreme Court of Canada
- Resolved significant environmental insurance claims
- Successful defence of companies and directors and officers in environmental prosecutions
- Mediated a multi-party dispute with various levels of government involving urbanisation and contamination issues
- Acted as counsel to major waste management company in all facets of regulatory compliance, acquisitions and dispositions
- Acted as counsel to the municipality in the Walkerton Water Inquiry (including all the attendant regulatory, enforcement and remedial work) and advised municipalities regarding compliance with post-Walkerton legislative and regulatory initiatives
- Acted as counsel in climate change credit verification action
- Advised on the development, permitting, construction and finance of a series of battery electricity storage projects in Ontario
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2019
In the just released 2019 edition of The Best Lawyers in Canada, 144 Miller Thomson lawyers from across the country have been recognized for their expertise in 47 areas of law. This includes 6 lawyers who were awarded “Lawyer of the Year” in...
Sarah Hansen, Troy McEachren and Kristina Shaw named 2018 Zenith Award winners
Miller Thomson Partners Sarah Hansen, Troy McEachren and Kristina Shaw are recipients of the 2018 Lexpert Zenith Awards celebrating Mid-Career Excellence. The Zenith Awards recognize lawyers across the country who excel in their area of law and in social responsibility....
Miller Thomson advises winners of top GTA real estate award
On March 22, 2018, NAIOP Greater Toronto announced the winners of the 2017 REX Awards at a gala celebration. NAIOP is the pre-eminent Commercial Real Estate Industry/Development Association in North America. The REX Awards celebrate the achievements of the office, industrial, retail...
Miller Thomson earns top rankings in Chambers Canada 2018
Miller Thomson earned a top Band 1 ranking for two practice areas in the 2018 Chambers Canada Guide. Our Charities and Not-For-Profit group is regarded for “its novel and innovative approach to complex matters arising within the charitable and non-profit market,”...
Miller Thomson recognized in 2017 Canadian Legal Lexpert Directory
In the recently released 2017 edition of the Canadian Legal Lexpert® Directory, 79 Miller Thomson lawyers across 30 areas of law have been recognized for their industry-leading advisory expertise. These latest rankings are the culmination of an extensive annual peer...
Miller Thomson receives top honours in 2017 Chambers Canada guide
Thirteen Miller Thomson lawyers and four practice groups are named in the 2017 edition of Chambers Canada. The guide ranks lawyers and law firms in over 40 specialist practice areas across Canada, based on client feedback, peer interviews and an assessment of...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017
126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....
Miller Thomson receives top honours in Chambers Canada
Twelve Miller Thomson lawyers and four practice groups were ranked in the recently published first edition of the Chambers Canada Guide. The Guide ranks leading lawyers and law firms practicing in all provinces and territories across Canada, in over 40...
Chambers Global 2015 honours for Miller Thomson
Five Miller Thomson lawyers and two practice groups have been recognized in the 2015 edition of Chambers Global, a ranking of the world’s leading lawyers and law firms. And for the first time, the firm’s offices in Saskatchewan are listed as an...
Chambers Global 2014 honours for Miller Thomson
Eight Miller Thomson lawyers and two practice groups have been recognized in the 2014 edition of Chambers Global, a ranking of the world’s leading lawyers and law firms. Chambers & Partners researches legal markets each year, identifying the leading firms...
Tamara Farber and John Tidball present at The Six-Minute Environmental Lawyer 2018
Tamara Farber and John Tidball are presenters at the Law Society of Ontario’s “The Six-Minute Environmental Lawyer 2018”.
Sandra Gogal chairs “The 2018 Legal and Practical Guide to Consultation with Indigenous Peoples”
Sandra Gogal is the faculty chair at Osgoode Hall Law School’s Professional Development program on the topic of “Legal and Practical Guide to Consultation with Indigenous Peoples”
Sarah Hansen speaks on Indigenous Laws & the Future of Environmental Assessments
Sarah Hansen is a speaker at the CBA (BC Branch) Environmental Law & Aboriginal Law-Vancouver Joint Section Meeting. The discussion will focus on experiences, perspectives, and lessons learned on indigenous-led independent environmental assessment processes.
Tamara Farber speaks on Construction Law
Tamara Farber will be presenting at the Osgoode Certificate in Construction Law on “Top Five Issues in Five Areas of Law that Affect Construction”.
Tammy Farber moderates the CBA Environment, Energy & Resources Law Summit
Tammy Farber moderates the session on “Technical and Legal Aspects of Soil and Groundwater Contamination” at the CBA Environment, Energy & Resources Law Summit.
John Tidball speaks on Environmental Law
John Tidball presents “Key Developments in Waste Law” at the 2017 OBA Institute.
Bryan Buttigieg speaks on real estate disputes
Bryan Buttigieg speaks at “The Litigator’s Guide To Real Estate, Construction and Leasing Disputes”, presented by Osgoode.
Tamara Farber is co-chairing on Managing New Environmental Quagmires – Perspectives from the Litigation, Regulatory and Transactional Contexts at the OBA Institute
For more information, please click here.
Agribusiness lawyers host Legal & Regulatory Review forum
Wendy Baker, Sarah Hansen, and John Tidball host the “Annual Legal and Regulatory Review” session at the Agri-Energy and Waste Management Forum in Abbotsford.
Bryan Buttigieg speaks at the Ontario Bar Association’s program on “Risk Assessment for Contaminated Land: Three years after the July 1, 2011 Amendments.
Impact Assessment: Changes & Implications for Major Projects – Montréal
Miller Thomson is pleased to invite you to join us for a complimentary seminar, followed by a reception on September 26, 2018. Presented by lawyers from our Environmental Law group, our speakers will focus on Canada’s proposed impact assessment (Bill C-69)...
Impact Assessment: Changes & Implications for Major Projects – Regina
Miller Thomson is pleased to invite you to join us for a complimentary seminar, followed by a reception on October 4, 2018 Presented by lawyers from our Environmental Law group, our panel discussion will focus on Canada’s proposed impact assessment...
Impact Assessment: Changes & Implications for Major Projects – Calgary
Miller Thomson is pleased to invite you to join us for a complimentary seminar, followed by a reception on October 2, 2018. Presented by lawyers from our Environmental Law group, our panel discussion will focus on Canada’s proposed impact assessment...
Impact Assessment: Changes & Implications for Major Projects – Toronto
Miller Thomson is pleased to invite you to join us for a complimentary seminar, followed by a reception on September 25, 2018. Presented by lawyers from our Environmental Law group, our panel discussion will focus on Canada’s proposed impact assessment...
Impact Assessment: Changes & Implications for Major Projects – Vancouver
Miller Thomson is pleased to invite you to join us for a complimentary seminar on October 10, 2018. Presented by lawyers from our Environmental Law group, our panel discussion will focus on Canada’s proposed impact assessment (Bill C-69) and a selection of...
Project Development: Environmental and Indigenous Considerations – Montreal
Le développement de tout projet d’envergure peut générer de nombreux enjeux en matière environnementale que ce soit au niveau de l’obtention des permis requis, de l’acceptabilité sociale, de la gestion des risques dans les contrats d’approvisionnement ou du financement. Le...
Project Development: Environmental and Indigenous Considerations: Edmonton
Miller Thomson’s Environmental Law Group is joined by external industry experts to present a complimentary seminar on environmental and regulatory processes, and permitting and contract procurement. Please contact us at email@example.com for more information or to register. Topic 1: Review of Environmental and...
Project Development: Environmental and Indigenous Considerations – Saskatoon
Miller Thomson’s Environmental Law Group is joined by external industry experts to present a complimentary seminar on environmental and regulatory processes, and permitting and contract procurement. Please contact us at firstname.lastname@example.org for more information or to register. Topic 1: Review of...
Project Development: Environmental and Indigenous Considerations – Vancouver
Miller Thomson’s Environmental Law Group is joined by external industry experts to present a complimentary seminar on environmental and regulatory processes, and permitting and contract procurement. Please contact us at email@example.com for more information or to register. Introduction by Keynote Speaker...
Environmental Issues in Property Development
Miller Thomson hosts a complimentary seminar presented by lawyers in our Environmental and Real Estate practice groups. Topics include: Regulatory Framework for Dealing with Contaminated Land Managing Environmental Due Diligence Investigations Environmental Considerations in Property Transactions Dealing with Excess Fill Time:...
Termination Provisions in Power Purchase Agreements: How will Ontario Impact Saskatchewan and Alberta
Power Purchase Agreements (PPAs) provide for the purchase of electricity, usually by a utility or corporation, from an independent power producer (IPP). How will recent cancellations of PPAs in Ontario impact future PPAs anticipated in Saskatchewan and Alberta? On July...
Environmental Authorizations in Québec: Protecting your Confidential Information
Businesses applying for ministerial authorizations under the Environment Quality Act (“EQA”), as amended, are now required to exercise particular care when it comes to the protection of their commercially sensitive information. Indeed, the coming into force of Bill 102 An Act...
Fueling the Future of Electric Vehicles in Ontario: Ensuring the Reliability of Ontario’s Grid and Energy Infrastructure
Most Ontarians today drive gas or diesel powered vehicles. However, this could soon change as the use of electric vehicles grows. Our reliance on gas and diesel vehicles has contributed to the transportation sector being one of the largest producers...
Alberta Now Home to World’s Largest Protected Boreal Forest
The largest contiguous protected boreal forest in the world is now found in northeastern Alberta. The creation and expansion of 5 provincial parks connected to the Wood Buffalo National Park create a protected area of more than 6.7 million hectares....
Ontario to Regulate Excess Soil
The Ontario Ministry of the Environment and Climate Change has taken the next step towards a brand new regulatory regime that will dramatically affect the construction and real estate sectors. The Ministry has posted for comment a draft On-site and Excess...
The Consequences of Off-Site Annoyances – Beauregard v. Groupe CRH Canada –
Controlling annoyances is a major consideration in worksite management. While issues like noise, dust, and vibration are of concern to any large-scale project and often trigger debates that end up in front of the courts, the recent Superior Court decision...
The Duty to Defend Triggered Notwithstanding Environmental and Pollution Exclusion Clauses
In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the “Insureds”) brought an action against Economical Mutual Insurance Company and Intact Insurance Company...
Indigenous Laws and Perspectives in Environmental Assessments
Environmental Law & Aboriginal Law-Vancouver Joint Section Meeting, CBA (BC Branch)
Securing Water Rights: Analyzing the Water Act, Case Law and Lessons for Lenders in Alberta
Water rights vary from province to province; in Alberta water rights are primarily covered by the Water Act (the “Act”). Under the Act, there are three primary ways that an agricultural business may divert water: Water License Exempted Agriculture User...
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...
GFL Environmental acquires Deep Foundations
Counsel to GFL Environmental Inc.
Crown Holdings completes acquisition of Signode Industrial Group Holdings
Canadian counsel to Crown Holdings, Inc.
Sunlife and Bentall Kennedy in joint venture to develop premier rental location in Toronto’s Parkdale neigbourhood
Counsel to Sun Life Investment Management and Bentall Kennedy
GFL Environmental acquires Smithrite Disposal and Carney’s Waste Systems
Counsel to GFL Environmental Inc.
GFL Environmental acquires the Canadian operations of Accuworx
Counsel to GFL Environmental Inc.
GFL Environmental acquires Saskatchewan-based Regens Group
Counsel to GFL Environmental Inc.
France-based private equity firm Ardian acquires Dynamic Technologies
Counsel to Ardian
Novexco acquires Chestwood Stationery
Counsel to Novexco Inc.
Creative Planogram Company acquired by SRP Companies
Counsel to Creative Planogram Company
GFL Environmental purchases Alberta-based waste collection and organics processing business
Counsel to GFL Environmental Inc.