Managing Off-Site Liability Webinar

Date: Tuesday, June 25, 2024

Time: 12:30 - 2:00 PM (EDT)

Location: Virtual

Cost:  Members $25  | Non Members $45

Overview

Buying, selling and redeveloping contaminated lands can raise questions about potential environmental liability. Most often, concern arises about the potential for off-site liability. Contamination that migrates off-site can result in both civil and regulatory liability. Neighbours, concerned about impacts to their properties, including impacts on property value, potential impacts to residents or tenants, and lost use or development potential may initiate lawsuits against the owners of source properties. In addition, government regulators may issue orders requiring onsite and offsite investigations and/or remediation. Where there are contraventions of environmental laws, regulators may also prosecute.

This webinar will focus on off-site liability, and will:

  • provide an overview of potential civil environmental liabilities, 
  • discuss potential regulatory actions and liability, and
  • identify options to manage or mitigate both civil and regulatory liability, including through the use of environmental insurance.

The webinar will look at recent cases and case studies to provide examples of where there may be civil and regulatory liability, and how this liability can be managed.

Presenters

  Alan McCammon, Manager, Remediation Assurance, Site Remediation Program Ministry of Environment and Climate Change Strategy

Alan McCammon is member of the management team for British Columbia's Site Remediation Program in the Ministry of Environment and Climate Change Strategy. His primary responsibilities focus on regulation of high-risk contaminated sites under the Environmental Management Act. Alan has extensive experience as a statutory decision maker and regularly contributes to development of supporting policy and guidance for site remediation. Alan is a registered professional geoscientist specializing in contaminant hydrogeology. 

 

Anand Srivastava B.Sc. (Hons.), J.D., Partner, Willms & Shier Environmental Lawyers LLP

Anand is a Partner at Willms & Shier Environmental Lawyers LLP. Anand’s practice focuses on environmental legal advice and environmental litigation. With prior education and experience in environmental toxicology, he assists clients to facilitate practical solutions to complex environmental legal issues. He works with a wide variety of clients on issues relating to environmental regulatory compliance with federal, provincial and municipal laws, contaminated sites, environmental due diligence, and exposure to environmental risks and liabilities. Anand is called to the Bar in Alberta and Ontario.

 

Carl Spensieri, VP Environment, Berkley Canada

Carl focuses on delivering better outcomes for clients by using his expertise to underwrite complex environmental risk and deliver creative risk transfer solutions.  Prior to turning his attention to underwriting, Carl worked as an environmental engineer at a Toronto based environmental consulting company. He then joined a Canadian law firm, working within their environmental law group.  Carl’s areas of experience include merger & acquisition due diligence; professional liability; environmental liability assessment and risk transfer; property transactions; and complex infrastructure projects.   Carl holds both a Masters of Applied Sciences and Engineering (Chemical and Environmental Engineering) from the University of Toronto and a Bachelor of Laws from the University of London (UK).  He is also a Professional Engineer (Ontario).

 

Joanna Vince, Partner, Willms & Shier Environmental Lawyers LLP

Joanna Vince, B.Sc. (Hons.), J.D., is a Partner and Certified Specialist in Environmental Law by the Law Society of Ontario at Willms & Shier Environmental Lawyers LLP. Joanna has significant expertise assisting clients with environmental approvals and permits for developments and industry. Joanna advises industry, conservation authorities, governments and crown corporations, Inuit groups, tribunals and land claims organizations on environmental law matters.

Joanna advises on the environmental liabilities associated with contaminated lands and how to manage those liabilities for holding, redeveloping, buying and selling contaminated lands. Joanna helps clients navigate the environmental regulatory process. She advises clients about compliance obligations and represents them in managing regulatory inspections and investigations.  

Joanna has appeared before environmental tribunals and boards on behalf of clients to obtain, confirm or dispute environmental permits and approvals, including for certificates of property use, wastewater treatment systems, noise and air emissions, and water permits. Joanna is called to the Bars of Ontario, Nunavut, the Northwest Territories, and the Yukon.

 

Paul Cheung, Senior Environmental Risk Assessor, Envision Consultants

Paul H. Cheung is an environmental risk assessor with over 10 years of environmental consulting experience. Specializing in risk assessment, vapour intrusion assessment, and risk management, Paul uses his technical skills to assist clients navigate the regulatory, municipal conveyance, and transactional due diligence processes. He has a keen interest in brownfield management and development strategy and regularly consults for a broad range of public, residential and commercial real estate, and industrial clients.

 

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