- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Being Proactive with Environmental Claims Case Study: Albert Bloom Limited v. London Transit Commission by Howard Borlack and Adam Ostermeier, February 26, 2021
- Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger by Howard Borlack and Adam Ostermeier, January 08, 2021
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack and Paul A. Jacoby, August 10, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance by Hillel David, June 24, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts by Peter F. Yaniszewski, April 29, 2020
- Beware of Presumption of Management or Control of a Director - Case Comment: Alizadeh v Ontario by Howard Borlack, January 30, 2020
- Is anyone ensuring that your Mink Lashes are cruelty-free? An Overview of the Regulation of Fur Farming in Canada , March 21, 2019
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Part II: Litigating Oil Leak Claims: Trucking and Marine Accidents: Oils Spills and Liability for Environmental Remediation by Van Krkachovski, Presented at an MB Environmental Law Seminar, October 03, 2012
- Clarifying pollution exclusions in commercial insurance policies , The Lawyers Weekly, August 18, 2011
- Bill C-311: The Climate Change Accountability Act , MB Environmental Liability Newsletter, May 31, 2010
- Case Summary: Tridan Developments Ltd. v. Shell Canada Products Ltd. , MB Environmental Liability Newsletter, December 31, 2009
ENVIRONMENTAL LIABILITY
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
The costs associated with the clean-up of an environmental spill are frequently immense. Therefore, it is of crucial importance to have representation in resultant lawsuits to limit the costs, share the exposure with other potentially responsible parties, and ultimately recoup the costs from third parties.
Our Environmental Liability Group understands these dynamics, and is well-qualified to serve clients in the following areas:
- Insurance Coverage
- Remediation
- Defence, Recovery, and Subrogation
* Read feedback from a participant at our Environmental Law Education Seminar "Oil Leak Claims - Part 1: Remediation" held June 20, 2012 *
Our Lawyers provide:
1. Coverage
A primary concern of the company involved with the spill, as well as its insurer, is the extent to which a potential environmental liability is covered by insurance. Our lawyers regularly assess coverage entitlements and exposures, providing legal interpretations of such issues as:
- the definition of "pollutant";
- the applicability of the insurance policy's "pollution exclusion";
- the effect of a ministerial remediation orders; and
- policy provisions relating to on-site and off-site clean-up.
2. Remediation
The Environmental Liability Group has extensive experience with the legal aspects of site remediation activities, including:
- developing and implementing remediation programs for both onsite and offsite cleanup;
- negotiating acceptance of the remediation program with the Ministry of the Environment;
- negotiating settlements with injured third parties; and
- liaising with local authorities, the public, and the media.
We also provide loss avoidance advice on the development and implementation of an effective Proactive Environmental Risk Management Plan for use by clients before a spill occurs.
3. Defence, Recovery, and Subrogation
The Environmental Liability Group will ensure that our clients are vigorously defended against any environmental claims, while working to maximize the potential for subrogation and recovery from other liable parties. We guide our clients in:
- formulating effective litigation strategies from the first notification of the claim through to the trial and appeals;
- retaining appropriate experts to determine causation and the precise location of a spill as quickly as possible;
- determining potentially responsible parties, and pursuing them for contribution; and
- gathering and preserving scientific, oral, and documentary evidence from the earliest stages.
We have extensive trial and appeal experience in successfully defending clients against complicated and potentially devastating environmental claims. As part of this service, we work with environmental experts to determine the parties ultimately responsible for the spill, and we vigorously pursue these parties to recoup our clients'damages and expenses.
TORONTO 416.860.0001 OTTAWA 613.569.2855 KITCHENER 519.340.0500 BARRIE 705.481.0240 LONDON 226.781.2127