ARCHIVED VIDEO STREAM

This is the archived version of a program presented on May 30, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

Recent decisions (Berendsen and Smith v. Inco) and other developments have profoundly altered the environmental civil action landscape. The layering of these developments on top of unique characteristics of environmental torts and civil actions further highlight the opportunities and pitfalls that require careful navigation to effectively and efficiently prosecute and defend environmental civil actions. Whether you are a full-time environmental solicitor or barrister, a civil litigator or insurance lawyer with some environmental experience, or in-house counsel, this first of a three-part seminar series provides an invaluable opportunity to hear leading experts discuss key issues as they dissect "The Anatomy of an Environmental Civil Action".

 

Program Chairs: 
Michael J. Fortier, Torys LLP 
Marc McAree, Willms & Shier Environmental Lawyers LLP

Environmental Causes of Actions - Where Are They Now?

• The law of negligence after Berendsen v. Ontario
• Private nuisance and strict liability - Smith v. Inco and beyond
• Trespass - is its role becoming clearer?
• Section 99 of the Environmental Protection Act - does it have a role?
• Innocent, negligent and fraudulent misrepresentation of environmental facts
• Breach of contract

Barry Weintraub, Rueter Scargall Bennett LLP
Professor Lynda M. Collins, Faculty of Law, University of Ottawa

Environmental Class Action vs. Standard Track

• How to determine the best procedural forum for an environmental action
• Status of environmental class actions in Ontario
• Applicability of class actions for property claims versus health claims

Michael A. Eizenga, Bennett Jones LLP
Richard Lindgren, Canadian Environmental Law Association

Environmental Insurance - Finding Policies and Coverage

• Finding insurance for environmental claims - locating and proving old insurance policies which may provide coverage
• The types of pollution exclusions in commercial general liability policies
• Key coverage issues in environmental claims including allocating defence costs and coverage between insurers, contribution of the insured for uninsured periods, the fortuity requirement, owned property exclusions and late notice issues
• Specific environmental coverage examples from recent claims

Tamara Farber, Miller Thomson LLP
Thomas J. Donnelly, Thomas Gold Pettingill LLP