Environmental Considerations in Real Estate & Business Transactions: Part 1 | CPDonline.ca

Environmental Considerations in Real Estate and Business Transactions: Part 1

Environmental Considerations in Real Estate and Business Transactions: Part 1

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Published
2017
Presenter(s)
Janet Bobechko
Talia Gordner
Mike Osborne
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
50 minutes
Price
$89.00 plus tax
TLA Environmental Law Conference
Includes Handouts

Talia Gordner of Blaney McMurtry LLP and Mike Osborne of Terrapex Environmental Ltd. will discuss how to start the conversation on environmental issues including who you need on your “team”, how to retain an environmental consultant and the importance of understanding the client’s end goals for the property. In doing so, they will explain the different types of environmental assessments, what a Record of Site Condition is and potential options if  contamination is discovered on the property. This presentation will highlight the importance of conducting due diligence as part of a real estate transaction  and making sure your client has the information it needs to accurately assess its risk and get the information a lender may need to close the deal.

Presenters

Janet Bobechko

Janet Bobechko is a well-recognized senior practitioner with extensive experience in all aspects of environmental law. She routinely provides sophisticated environmental advice on environmental compliance, strategic advice on environmental impact assessments, mergers, acquisitions, real estate and portfolio acquisitions, financings and environmental management systems. Her dispute resolution work includes providing advice on environmental aspects in complex civil litigation for legacy contamination, mediation for migration of contamination and managing environmental regulatory inspections, charges, orders and providing due diligence advice.  Janet works with many industrial sectors, including manufacturing, mining, transportation, chemical, pulp and paper. Ms. Bobechko has advised on renewable energy projects for solar and cogeneration. She is involved in infrastructure projects for linear transportation. Ms. Bobechko has a particular specialty in providing advice on management of legacy contaminated sites and brownfield development and has been extensively involved in law reform on these issues.

Ms. Bobechko provides assistance regarding environmental approvals (all media), chemical management and importation of new substances into Canada, transportation of dangerous goods, hazardous products, pesticides, stewardship and producer responsibility for recyclable materials as well as emergency planning and spills response. She advises on climate change issues and Ontario’s cap-and-trade regime. She advises boards of directors regarding environmental compliance, corporate reporting strategies and risk mitigation and environmental insurance. Ms. Bobechko advises clients on environmental, social and corporate governance (ESG) matters. She is routinely consulted on issues related to water taking, sewage and waste water management and treatment, source water protection, water security and issues related to the Canada - European Union Comprehensive Economic and Trade Agreement (CETA). She also provides advice in relation to aboriginal consultation and how to work collaboratively with aboriginal groups.  

Ms. Bobechko is certified by the Law Society of Upper Canada as a specialist in environmental law and is recognized as a leading practitioner in environmental law. She recently received a career achievement award from the Canadian Brownfield Network as a person who has had a profound impact on the Brownfield industry in Canada.

She regularly updates “Falconbridge on Mortgages,” chapter 10 “Environmental issues Affecting the Mortgagee” and has written the inaugural chapter on “Environmental Considerations for Landlord” in the upcoming second edition of Landlord's Rights and Remedies in a Commercial Lease: A Practical Guide to be published in 2017.

Talia Gordner

A passionate advocate, Talia’s approach to dispute resolution and civil litigation practice is refreshing in its particularity. Covering a broad range of corporate and commercial matters with an emphasis in the management and resolution of complex environmental and regulatory disputes, Talia represents clients from a wide range of industries dealing with matters ranging from common commercial disputes such as breach of contract, fraud and negligence to environmental matters involving recent, ongoing and historical contamination events.

Talia provides strategic advice from a legal and business perspective on environmental compliance and due diligence matters to clients both before and after transactions with a focus on risk management. She has experience directing investigations and coordinating environmental consulting and engineering experts as well as negotiating access, sampling and remediation agreements with major oil and gas companies on behalf of property owners.

With experience acting as defence counsel in a variety of regulatory and quasi-criminal federal and provincial prosecutions on behalf of individual and corporate clients, Talia is a steadfast force in the courtroom. She is a defender of her clients in protecting their rights, dealing with the Crown and negotiating resolutions where appropriate to give clients the peace of mind they deserve.

Prior to joining Blaney McMurtry LLP, Talia practiced at a litigation boutique in Toronto. She clerked for The Honourable Mr. Justice Robert Barnes of the Federal Court (Canada). As a musician and supporter of the Arts, Talia takes pride in her position on the board of directors for a not-for-profit community concert band in which she plays the alto saxophone.

Experience

  • Representing clients in complex multi-party environmental litigation dealing with recent, ongoing and historical contamination events
  • Investigating and advocating for property owners and occupiers in environmental contamination disputes between neighbouring properties
  • Directing investigations and coordinating environmental consulting and engineering experts for the purpose of sampling, reporting on and remediating environmentally contaminated sites
  • Appearing at the Environmental Review Tribunal in relation to a Renewable Energy Approval appeal under the Environmental Protection Act
  • Negotiating access and sampling agreements with major oil and gas companies on behalf of property owners
  • Defending both companies and individuals in regulatory prosecutions under the Technical Standards and Safety Act, 2000, Safe Drinking Water Act, 2002, Fire Protection and Prevention Act and various municipal by-laws
  • Litigating and resolving civil claims in the Small Claims Court focused on breach of contract, negligence and collections claims

Mike Osborne

Mr. Osborne is President of Terrapex Environmental Ltd., and has over 35 years of experience in the environmental industry, including two years as an environmental advisor at a major petroleum company. Throughout his career, he has focused on the assessment and remediation of contaminated real estate.  As the founding principal of Terrapex, Mike ensures that his values of high quality, client-focused service and practical approach are an integral part of all projects conducted by the firm.  
Mike has extensive experience with transactional due diligence and works routinely with clients and their legal advisors to evaluate environmental risk and liability associated with both single property and large portfolio transactions.  He has conducted hundreds of peer reviews, on behalf of municipal clients, of environmental reports submitted in support of development applications, to ensure compliance with applicable regulations and to mitigate environmental risk to the municipalities.

Mike also works with insurance companies, both on the underwriting side to evaluate potential environmental risk associated with underwriting property and/or transaction insurance, and on the claims side to assist with cost management on environmental claims.  Mike regularly prepares expert opinion reports and he has qualified as an expert witness and testified at criminal and civil court proceedings, Environmental Protection Act hearings, and Ontario Municipal Board hearings.  He has also provided expert testimony at environmental arbitrations and participated in mediation.  
The two years Mr. Osborne spent as an environmental specialist at a major petroleum company provided him with an in-depth understanding of the environmental concerns and liabilities contaminated sites pose for property owners/operators,  which continues to inform the fundamental approach Terrapex brings to business.

TERRAPEX ENVIRONMENTAL LTD. is a fully integrated, employee-owned Canadian engineering and geosciences company, providing specialized environmental and geotechnical consulting services. Established in 1995, our staff comprises approximately 70 engineers, scientists and technicians, located in Toronto, Burlington and Ottawa.  Over the past 22 years, Terrapex has developed a reputation as an industry leader in assessment and remediation of contaminated sites. Other areas of expertise include: contaminant management, facilities decommissioning, environmental regulatory compliance and management systems, geotechnical investigation, and materials testing and inspection.

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