MLA Real Estate Luncheon: HELP – the DoT Needs a Court Order; Environmental Liability for Non-Polluting Parties – Different Forums Yield Different Outcomes; The Law of Restrictive Covenants |

MLA Real Estate Luncheon: HELP – the DoT Needs a Court Order; Environmental Liability for Non-Polluting Parties – Different Forums Yield Different Outcomes; The Law of Restrictive Covenants

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Substantive: 1.0
70 minutes
Michael Connell
Casey Hayward
Anand Srivastava
Matthew Wilson
Middlesex Law Association
70 minutes
$119.00 plus tax
Includes Handouts

Learn more about the latest real estate developments, challenges and nuisances!

Hear about “non-polluting” parties in environmental cases, practical tips on obtaining a court order and a review of restrictive covenants.

HELP – the DoT Needs a Court Order: Assisting solicitors in submitting court orders to rectify title.

Environmental Liability for Non-Polluting Parties – Different Forums Yield Different Outcomes.

This presentation focuses on recent instances where “non-polluting” parties have been implicated in environmental proceedings.  The latest environmental cases tell us how Courts and administrative tribunals have treated:

  • a former landlord of a property where its dry-cleaning tenant polluted the adjacent property
  • the current tenant of a historically contaminated property with contamination migrating off-site, and
  • the corporate owner of a chemical manufacturing business when its employee goes rogue and dumps chemicals into a catchbasin.

We will discuss how you can assist your clients to evaluate their environmental risk tolerance and how you can help them manage their environmental risks while getting their deals done.

The Law of Restrictive Covenants

This presentation will review the law of restrictive covenants more broadly.  It will also touch on the Court of Appeal decision in Black v. Owen, 2017 ONCA 397 (CanLII), (  This is the Court of Appeal decision that confirmed that neither the “benefit and burden” nor the “conditional grant” exceptions to the rules against positive covenants running with the land are good law in Ontario.


Michael Connell

Michael Connell’s practice focuses on providing strategic advice and counsel on all aspects of commercial real estate transactions including leasing and land development. He is licensed to practice law in Ontario and New York. Prior to joining Siskinds, Michael worked in a full service Toronto firm in the area of land use planning, municipal and environmental law. Before practicing law in Ontario, Michael was Senior Director of Regulatory Affairs at a public affairs and policy firm, where he advised energy and natural resource sector clients on the full suite of federal environmental legislation and regulation. He completed his articles with the Ontario Ministry of the Attorney General.

Casey Hayward

Casey Hayward graduated from King’s University College at the University of Western Ontario, with a B.A. in Political Science in 2007. I obtained my law degree from the University of Birmingham (UK) in 2009, and worked for a youth mental health charity before being called to the Ontario Bar in 2012. Prior to moving back to London, my wife, Jennifer, and I lived in the Bay of Quinte region for several years. I maintain a solicitor practice, focusing primarily on real estate agricultural/corporate/commercial, and estate matters. I formerly served as Real Estate Chair and Vice-President of the Hastings County Law Association, and currently serve a director for King’s University College Alumni Association. Jennifer and I also volunteer at the Ark Aid Street Mission on Dundas Street.

Anand Srivastava

Anand Srivastava, J.D., B.Sc. (Hons.), is a lawyer at Willms & Shier Environmental Lawyers LLP.  Anand’s practice focuses on environmental legal advice and environmental litigation.  With prior education and experience in environmental toxicology, Anand assists clients to facilitate practical solutions to complex environmental legal issues.  Anand works with a wide variety of clients on issues relating to environmental regulatory compliance with federal, provincial and municipal laws, contaminated sites, environmental due diligence, and exposure to environmental risks and liabilities.  Anand’s objective is always to help clients understand and avoid corporate and personal environmental liabilities including civil claims, regulatory orders, and regulatory prosecutions.  Anand regularly appears before the Courts and administrative tribunals.  Anand prosecutes and defends environmental civil lawsuits.  Similarly, Anand also defends clients against environmental regulatory prosecutions and/or appeals of regulatory orders to the Environmental Review Tribunal.  Anand is called to the Bar in Ontario.

Matthew Wilson

Matthew Wilson is a real estate and business lawyer, focusing on commercial and complex real estate transactions, land use planning and development and mortgage financing. Matthew obtained his Bachelor of Arts degree from Western University in London, Ontario, having attended the affiliated King’s University College. He also obtained his law degree from Western.

A proud Londoner, Matthew believes in being involved in the community, volunteering with organizations such as Western University and London Health Sciences Centre. Matthew was recognized by Business London Magazine as one of London’s Top 20 Under 40 in 2013, was awarded King’s University College’s Young Alumni Award in 2016, and in 2017 was selected to participate in the Governor General’s Canadian Leadership Conference.

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