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Radha D. Curpen

Vice Chair, Vancouver Managing Partner and National Leader, ESG Strategy and Solutions

Co-Head, Environmental and Aboriginal Law

Co-Head, Environmental and Aboriginal Law | Email

T: 604.891.5158

M: 647.618.6654

Email

Vancouver

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Curpen Radha
 
  • Recent Experience
  • Recent Recognition
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T: 604.891.5158

M: 647.618.6654


Email

Vancouver

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  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

As managing partner of the Bennett Jones Vancouver office and co-head of the firm’s Environmental Law and Aboriginal Law practices, and with over 30 years of legal and advisory experience, Radha specializes in providing strategic counsel to clients related to the environment, First Nations, wider ESG matters, gender equity issues, and the handling, transportation, and remediation of hazardous materials. Radha is consistently recognized as a leading authority and among the top lawyers in Canada and the United States in her areas of specialty and regularly advises corporations, Boards of Directors, Special Committees, First Nations, and governmental agencies across Canada and around the world on strategies, best practices, negotiations, and litigation. Her areas of focus include regulatory compliance, integration of an ESG framework into corporate strategy and benchmarking, proactive assessment and management of environmental and other risks, avoidance and defence of environmental litigation, carbon taxes and emissions standards, crisis prevention and management, corporate social responsibility, mitigation of business disruptions, and reputation management.

Radha has served on numerous corporate, non-profit, and governmental Boards of Directors, co-authored scholarly work on Indigenous Rights for the American Bar Association, and serves on the Board of Governors of the Business Council of British Columbia and as Vice-Chair of the Board of Directors of the Greater Vancouver Board of Trade. Radha also serves on the Board of Directors of Windmill Microlending, a registered charity that is Canada’s largest provider of microloans to skilled immigrants and refugees looking to continue their careers in Canada, and served as a member of the YWCA of Metro Vancouver’s Culture Shift Advisory Council. She was awarded the 2020 Women in Law Leadership (WILL) Stronger Together Award.

Chambers Global

“Radha is extraordinary.”
“Radha is a fierce advocate—very protective of her clients and goes above and beyond expectations.”

Radha is a sought-after speaker and has recently led discussions on topics including but not limited to Women in Leadership Roles within the Legal Community; Values, Mentorship and Overcoming Barriers; Equity, Diversity and Inclusion (EDI) in the Workplace; the Evolving Role of General Counsel in ESG Strategy; and ESG and Indigenous Sustainable Development.

Radha is fluent in both French and English and has worked in Ontario, Quebec, Manitoba, British Columbia, Alberta, the Atlantic Provinces and in the United States. She has a diverse environmental practice that includes obtaining approvals for projects, involvement in regulatory proceedings, negotiating with regulators, leading arbitration, leading the defence of civil and quasi-criminal litigation, assisting in developing protective measures in transactions, addressing contaminated sites issues in multiple jurisdictions, assisting clients in developing systems for compliance, and providing strategic advice on preventative measures. Radha was involved in the creation of the Contaminated Sites legislation in Manitoba in the 1990s.

What Clients Say

"She is an exceptional attorney. She is not only incredibly responsive, but also strategic and judiciously proactive in helping the company navigate through environmental issues, making her an extraordinary advocate."

Radha was previously an adjunct professor at the University of Toronto Faculty of Law focused on Sustainability and Corporate Social Responsibility and served as a sessional lecturer on environmental law at Robson Hall Faculty of Law. Radha is a member of the American Bar Association and the International Bar Association.

Education

Collège Universitaire de Saint Boniface/University of Manitoba, BA L'Université de Moncton, LLB 

Bar Admissions

Manitoba Ontario New York British Columbia 

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.

Recent Recognition

Business in Vancouver's BC500 in the Law
Managing Partner
Chambers Canada
Ranked, Environment
Chambers Global: The World's Leading Lawyers for Business
Ranked, Environment
The Legal 500 Canada
Leading Lawyer, Environment
Leading Lawyer, Aboriginal Law
The Canadian Legal Lexpert Directory
Repeatedly recommended, Indigenous Law
Repeatedly recommended, Energy (Oil & Gas)
Best Lawyers in Canada
Recognized for Environmental Law 
Finance Monthly
Environment - Lawyer of the Year - Canada
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading Energy lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Infrastructure Lawyers
Recognized as a leading Infrastructure lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Litigation Lawyers
Recognized as a leading Litigation lawyer in Canada
Lexpert Special Edition on Agribusiness & Cannabis
Recognized as one of Canada's leading lawyers in Agribusiness and Cannabis
Who's Who Legal: Canada
Recognized as a leading lawyer in the area of Environmental Law
Who's Who Legal: Environment
Recognized as one of world's leading Environmental lawyers

Insights, News & Events

In the News

ESG Benefiting From Enhanced Standardization in M&A

May 02, 2022
       
2022
Apr
26
       

Event

ESG and the CIO: Transforming Management Information Systems

Articles

Radha Curpen on How to Build a Centennial Brand

April 20, 2022
       

Related Services

Environmental Law
Environmental, Social, Governance (ESG)
Aboriginal Law
Energy Regulatory
Automotive
Energy
Climate Change
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