Agenda - November 17th, 2020


Welcome and Introduction by PBLI


Chairs' Welcome and Introduction


Andrea Akelaitis

Letcher Akelaitis LLP


Jason Wilkins

Hemmera Envirochem Inc.



2020 Case Law Update


Andrea Akelaitis

Letcher Akelaitis LLP


  • A review of recent court and tribunal decisions affecting the field of contaminated sites



Questions and Discussion


Morning Break


Contaminated Sites: The 3 Forums


Tony Crossman

Blake, Cassels & Graydon LLP


  • Civil liability and cost recovery for contaminated sites
  • Provincial remediation orders and matters before the Environmental Appeal Board
  • Federal and provincial liability and quasi-criminal prosecutions (Fisheries Act, etc.)
  • Similarities and differences between these forums: defending an action, using experts, evidentiary issues
  • Limitation issues in each forum



Questions and Discussion


Land Remediation Section Update


Heather Osachoff

Ministry of Environment and Climate Change Strategy


Kelli Larsen

Ministry of Environment and Climate Change Strategy


  • Regulatory and legislative amendments recently introduced and under review
  • Procedural changes
  • Ministry priorities in 2020/2021



Questions and Discussion


Lunch Break


Buying and Selling Contaminated Lands


Max Collett

Norton Rose Fulbright Canada LLP


  • Strategies and approaches to avoiding legal challenges on contaminated sites acquisition or divestment
  • Environmental due diligence
  • Mitigating risks to the purchaser and vendor
  • Allocation responsibility for known and unknown environmental problems
  • Releases and indemnitites (SCC decision in Resolute)



Questions and Discussion


Afternoon Break


CSAP Society Perspectives


Duncan MacDonald

PGL Environmental Consultants


  • Recent CSAP developments and updates



Questions and Discussion


High Risk Sites

Guy Patrick

Patrick Consulting Inc.


  • What it means to be a high risk site
  • What your regulatory obligations are
  • High risk abandoned well sites and associated challenges
  • Navigating high risk through the regulatory processes



Questions and Discussion
   4:00 Chairs' Closing Remarks - Program Concludes