Corporate, Commercial and Business Law Firm - McMillan Binch Mendelsohn
Corporate, Commercial and Business Law Firm - McMillan Binch Mendelsohn

commercial real estate

competition/antitrust

corporate

debt products

employment and labour relations

intellectual property and technology law

international business and trade law

litigation and dispute resolution

projects

restructuring

tax

other specialized practice areas

advertising and marketing

automotive

aviation

charities & not-for-profit entities

emerging growthco group (egg™)

emissions trading and climate change

energy

environmental

foreign investment review

health

insurance

life sciences

mining

natural resources

outsourcing

pensions & employee compensation

product liability

public policy & government relations

transportation

trusts, estates and succession planning

environmental

Our Environmental Law Group advises clients on compliance with the full range of federal, provincial and local environmental regulations and programs. We also represent clients in environmental hearings and defend against prosecutions for infractions of relevant legislation. We frequently assist clients with meeting emission standards and obtaining permits, due diligence, officers' and directors' liabilities, and spills and spill reporting. Working closely with our corporate and banking groups, we advise clients on environmental liabilities and property investigations in the context of mergers and acquisitions and financings. We negotiate agreements with private parties and governmental authorities involving the transfer or allocation of environmental risks, contaminated site remediations, compliance with regulatory requirements and Brownfields sales and purchases.

Representative Transactions/Cases
 
 

Defence: Defending a client accused of infractions arising from the export of materials for recycling, which are categorized as hazardous and fall under the Export and Import of Hazardous Waste Regulations enacted under the Canadian Environmental Protection Act, 1999.

 
 

Waste Management Company: Represented a consortium of lenders advancing credits of $100 million to a management team buying the Canadian operations of a large US-based waste management company. We participated in the environmental due diligence involving Phase I and Phase II environmental site investigations of over 20 landfill or waste transfer stations situated across the country.

 
 

Contaminated Site and Insolvency: Represented a court-appointed receiver of A.R. Clarke Limited, a leather manufacturing business with a large mothballed manufacturing facility in downtown Toronto. The associated land and groundwater were significantly contaminated by spills of degreasing chemicals that had been used in the tannery operation for decades. The highly contentious matter involving both the Ministry of the Environment and prospective purchasers was further complicated by a major fire that destroyed a significant part of the above ground structures during the course of the receivership.

 
 

Acquisition of Explosives Business: Acted on behalf of the purchasers of a large explosives manufacturing business with facilities in both Canada and the U.S., which included major manufacturing facilities in Ontario and Alberta and storage and mixing facilities in a number of other provinces. The building block of many explosives is a nitrogen-based chemical and contamination of groundwater and surface water from the nitrogen chemicals is of particular concern in dealing with these products.

 
 

Mining and Mine Closure: Represented the owner of a mothballed precious metal refinery in Northern Ontario, purchased by a US-based metal refiner interested in refining certain precious metal slags and byproducts that are becoming available from US industrial recycling processes.

 
 

Acquisition of Construction and Quarry Business: Represented a party seeking to acquire a construction and quarry business. We undertook environmental due diligence and commission environmental site investigations on over 30 large quarry and aggregate manufacturing sites, and commissioned the Phase I and Phase II environmental site investigations. This transaction also involved environmental insurance.

Publications / Presentations
December 2007
Canadian conference focuses on carbon storage
Mining Environmental Management, December 2007 / January 2008
Barbara Hendrickson
October 2007
Managing Environmental Risks
Presentation given by Voula Neofotistos at McMillan Binch Mendelsohn seminar on Managing Environmental Risks
Voula Neofotistos
November 2006
Welcome to the Club - Court of Appeal Certifies First Ontario Environmental Class Action
Greenmail Newsletter
Hilary E. Clarke, Geoff Moysa, Michael M. Peterson
December 2005
Obstructing Justice? The Duty to Provide Information When Reporting A Spill Under The Environmental Protection Act
Environmental Law Bulletin
W. Brad Hanna, FCIArb.
September 2005
Implementing Project Green: The Force of the Kyoto Protocol
Energy and Environmental Law Bulletin
Nadia V. Colangelo, Michael M. Peterson
July 2005
Wind Power Financing in Canada And The U.S.
North American Windpower, Marketplace: Project Finance, July 2005
Co-authored by David G. Mayer of Patton Boggs LLP (Washington, D.C.)
Vern Kakoschke
June 2005
New Waste Diversion Initiatives Waste Electronic and Electrical Equipment
Greenmail Newsletter
Michael M. Peterson
June 2005
A 300-Year Plan: NWMO Recommends Long-Term Nuclear Waste Storage Deep Below Canadian Shield
Energy and Environmental Bulletin
Michael M. Peterson
April 2005
Expert Panel Recommends Essential Changes to Environmental Assessment Framework
Energy and Environmental Bulletin
Michael M. Peterson
January 2005
A Happy New Year?
The Good News and the Not-So-Good News of 2005

Greenmail Newsletter
Michael M. Peterson
November 2004
Take no Prisoners! Ontario's New Environmental Legislation
Greenmail Newsletter
Michael M. Peterson
July 2004
Toxic Mold Litigation and Update on Voluntary Stewards
Greenmail Newsletter
Michael M. Peterson
June 2004
Summary of Bill 100 - Electricity Restructuring Act, 2004
Energy Bulletin
Chris N. Germanakos, Mike Richmond
June 15, 2004
Bill 100 - Electricity Restructuring Act, 2004
An Act to amend the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 and to make consequential amendments to other Acts -1st Session, 38th Legislature, Ontario, 53 Elizabeth II, 2004
April 2004
Waste Diversion Update - Increased Fees, Voluntary Stewards, and Moving Beyond the Blue Box
Greenmail Newsletter
Lisa Brost, Michael M. Peterson
January 2004
Had Enough of Post-Christmas Bills? Meet the Grinch of 2004
Greenmail Newsletter
Michael M. Peterson
November 2003
Unfinished Environmental Business and the 2003 Ontario Election (The Waste Diversion Act, 2002)
Greenmail Newsletter
Michael M. Peterson
December 2002
Bill 90, The Waste Diversion Act, 2002
Greenmail Newletter
Michael M. Peterson


Partners:
Carmen Diges
W. Brad Hanna, FCIArb.
Michael M. Peterson
Céline Tessier



Michael M. Peterson
416.865.7839


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