The Real Estate Update; Closing Documents; The Environmental Indemnity That Couldn’t: Drafting Pitfalls | CPDonline.ca

The Real Estate Update; Closing Documents; The Environmental Indemnity That Couldn’t: Drafting Pitfalls

Watch the two minute teaser above before purchasing this video.
Also valid for Newfoundland and Labrador (posted in the last 365 days).

To purchase this video please click “Add to Cart”.

Login to watch this video if you have a subscription. Learn more about subscriptions.
Credits
Substantive: 1.5
100 minutes
Published
2021
Presenter(s)
Casey Hayward
Anand Srivastava
Matthew Wilson
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
100 minutes
Price
$119.00 plus tax
Includes Handouts

Casey Hayward

Casey Hayward provided a general update of recent changes to the (1) paper document submission process in Teraview (2) new construction matters affecting clients, and  (3) a change in the law of priorities regarding writs of execution.

Matthew Wilson

Matthew Wilson reviewed the Ontario Standard Closing Documents as prepared by the Working Group on Lawyers and Real Estate.  He reviewed the purpose and benefits of those documents as well as specifics about the Vendor’s Closing Certificate, the Purchaser’s Undertaking and Direction re: Title, Directions re: Funds, and various other documents important for organized, efficient and accurate closings.

Anand Srivastava - The Environmental Indemnity That Couldn't

During the 1960s, Dryden Paper Company Limited operated a pulp and paper mill located in Dryden, Ontario. In 1977, the two First Nations bands sued Dryden Paper and other for damages resulting from mercury contamination resulting in the storied Grassy Narrows Litigation. In 1979, Dryden Paper’s successor wished to sell the property. The prospective purchaser was wary to purchase due to the Grassy Narrows Litigation. The Province of Ontario intervened in the sale and granted an environmental indemnity to limit certain liabilities for environmental damages caused prior to the prospective purchase.

On August 25, 2011, the Ministry of the Environment issued a Director’s Order under the Ontario Environmental Protection Act to current and former owners and operators of the property to perform groundwater and surface water testing, provide financial assurance to the Ministry, and prevent discharges of mercury. The orderees brought litigation seeking a declaration that the terms of the previous environmental indemnity required the Province of Ontario to compensate the orderees for the cost of complying with the Order. The lawsuit was ultimately heard by the Supreme Court of Canada in 2019 in Resolute FP Canada Inc. v. Ontario (Attorney General).

This presentation focuses on the recent Supreme Court of Canada’s decision in Resolute and its impacts on drafting environmental indemnities in commercial agreements. Key questions to be covered include:

  1. How does broader “factual environmental matrix” affect the interpretation of an indemnity?
  2. Do environmental indemnities enure to the benefit of others?
  3. How can real estate lawyers best protect their clients when considering environmental risk allocation by way of an indemnity?

Presenters

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.

Practice Areas

Share this Page