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Practices

Contaminated Sites

Fasken

We can help with any contaminated site.  Whether it is assisting with an investigation and obtaining approval of remediation plans, ensuring proper reporting to regulatory agencies, or managing a rezoning or a condition to a real estate transaction, our in depth understanding of the regulatory environment allows us to offer practical solutions. We assist clients in both pursing and resisting claims for compensation for property that has been contaminated - whether historically or from migration - through commercial negotiation and, if necessary, litigation.

 

We have dealt with contaminated lands of all types, from residential to commercial to industrial, and for a wide range of commercial and industrial clients. That experience has given us a broad understanding of the issues that arise from contamination and, with that experience, a unmatched capacity to assist our clients.

 

Contamination issues can arise or escalate unexpectedly in the midst of time-sensitive transactions.  Our thorough understanding of the regulatory requirements and years of experience across Canada allows us to manage our clients’ interests in a complex technical area.  Interaction with regulators is often critical in order to successfully address the risk of contamination.  Our lawyers have experience in communicating with regulators in a language that they understand.

 

A large portion of our work involves brownfield development; we collaborate with the range of consultants and professionals in the real estate industry on these matters.  Obtaining final regulatory certificates and other regulatory approvals that allow a project or development to proceed is a process.  Success requires the development and execution of a comprehensive plan for remediation and a strategy for engaging with regulators and other parties.  We provide advice at all stages of this process.

 

We structure our work to be as time-sensitive and efficient as possible.  This is where our experience handling a multitude of matters from large scale property redevelopment to toxic tort litigation is brought to bear for the benefit of our clients.  In short, we get it done.

 

Subscribe to our “Environmental Bulletin” newsletter, browse our recent work or contact any of our lawyers to discuss how we could help with your project.

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