Recent Experience
Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt.
Riverstone Holdings LLC, as Canadian counsel, in its acquisition of International-Matex Tank Terminals from Macquarie Infrastructure Corporation for US$2.67 billion.
Global Container Terminals, advising on their proposed development of Deltaport Expansion Berth 4 project.
Advised clients as a member of the strategic team in defending class actions relating to incidents in various sectors.
Advised clients in various industrial sectors and led the preparation for regulatory investigations, strategy during and after regulatory investigations and the defence of such regulatory investigations.
Advised clients in project development and approval including with various levels of government and Indigenous communities.
Advised a utility relating to hydro-electric mitigation projects that required federal and provincial environmental assessments and consultation with First Nations and all related agencies.
Advised a First Nation in Ontario relating to its negotiations with a mining company arising out of the development of a mining project
Advised a First Nation in Quebec on self-government issues, including appearance and obtaining court orders at the Federal Court.
Advised industry on aboriginal issues and duty to consult relating to specific projects.
One of the lead counsel in the defence of a multi-million dollar arbitration commenced by a government on behalf of various First Nations dealing with, among others, environmental and aboriginal issues and impacts of a project on First Nations.
Advised industry on both federal and provincial environmental assessment issues in the context of resource development.
Advised a proponent of a soil treatment facility in managing environmental assessment and aboriginal issues.
Advised purchasers or vendors in various financial and industrial sectors, including agriculture, Brownfields redevelopment, chemical companies, energy, manufacturing, mining oil & gas, Port operations, forestry, pulp & paper, shipbuilding, transportation, waste, waste management & wind power, on significant commercial transactions and regulatory issues in all provinces and the United States.
Advised manufacturers, pulp and paper mills operators, oil companies and clients in other industrial sectors in their disputes arising out of purchase and sale agreements involving sites in, among other places, Ontario, Manitoba, Italy and dealing with environmental issues.
Advised various industrial operators, owners and occupiers in the defense and resolution of many civil litigation cases dealing with contaminated sites in various provinces in Canada.
Assisted a client in successfully negotiating an innovative and cost-effective approach to on-site remediation of a large contaminated industrial site after the regulator decided to order the company to “dig and haul away.”
Defended and settled numerous environmental cases with complex issues, including claims for stigma, remediation, migration of contamination to neighbouring properties.
Assisted a client in managing regulatory issues on more than 600 sites in several provinces, including successfully negotiating with regulators in many provinces.
Assisted a company in obtaining approval for remediation of a former industrial site and for the change in use of a site which is adjacent to residential developments.
Successfully settled civil litigation cases dealing with contaminated sites.
Successfully persuading the regulator to withdraw administrative orders issued relating to contaminated sites and their remediation.
Defended claims relating to environmental issues by various clients in various industrial sectors arising out of purchase and sale agreements.
Advised clients in different sectors on climate change considerations in the context of commercial transactions.
Advised issuers and underwriters regarding disclosure issues on climate change.
Advised clients in different industrial sectors in the development of corporate strategies on climate change.
Advised clients on emerging environmental issues and assisting in the development of corporate strategies to integrate the requirements of both Canadian and US laws.
Advised clients on integrating compliance with the requirements of both Canadian and US laws relating to specific emissions to the environment.
Advised clients on the implementation of their environmental management systems in both Canada and the United States.
Persuaded a regulator to enter into innovative agreements to effectively limit the liability of purchasers and lenders of industrial and commercial operations, which allowed commercial transactions to proceed.
Developed a strategy for one client to deal with regulators on significant environmental issues from British Columbia to Québec.
Advised Board of Directors on corporate governance issues relating to environmental matters.
Advised issuers of bonds and equity on environmental disclosure issues.
Advised several clients in preparing for inspections and investigations in more than one province.
Persuaded a regulator to not prosecute a company and its directors after the company was accused of dumping dangerous goods.
Successfully defended a quasi-criminal prosecution of a company and its director by making a preliminary motion for dismissal on the basis that the environmental officer’s notes were not available to the defence.
Guided lenders in the realization of the assets of indebted polluters and negotiated agreements with the regulators limiting the lenders’ liability.
Assisted in the development and implementation of due diligence program for certain companies.
Prepared environmental handbooks for employees of specific industries.
Presented environmental seminars to employees of various industries.
Assisted lenders in developing due diligence programs in their lending operations.
Successfully persuaded the regulator to reverse its decision of not granting a licence to a waste disposal operation.
Successfully persuaded the regulator to consider an addition to an existing industrial facility as a change in process, which received the regulator’s written approval as opposed to a development requiring a licensing process.
Member of the Advisory Committee on Contaminated Sites in Manitoba which led to The Contaminated Sites Remediation Act of Manitoba.
Member of the Consultation on sustainable Development Implementation Core Group, an advisory body to the Ministry responsible for Sustainable Development (Manitoba).
Resource person to the core group advising the Minister of Conservation (Manitoba) on proposed revisions to The Environmental Act (Manitoba).
Member of the Committee of the Executive of the Ontario Bar Association dealing with the proposed Brownfields Legislation (Ontario).
Appointed resource person to the Canadian Council of Ministers of Environment’s task force on Brownfields (August 2004). The task force was comprised of Ministry of Environment officials across Canada who advised the ministers on, among other things, transfer of liability issues in order to encourage brownfield development.
Bennett Jones