The Environmental Law Practice
Group is composed of experienced lawyers
from the independent affiliated law firms
that comprise Canadian Litigation
Counsel. These lawyers and their firms are
available to work independently or, where
instructed, in collaboration with one
another on the legal aspects associated
with environmental pollution.
From a legal perspective, there are
three crucial elements to an environmental
loss:
A primary concern of the Insurer and
Insured is to what extent, if any, a
particular environmental loss is covered
by insurance. Since the independent
affiliated law firms of Canadian Litigation
Counsel specialize in providing insurance
related services, they all have expertise in
coverage issues and are qualified to
provide:
- legal analysis of all of the relevant
primary, excess and umbrella policies in force with a view to
determining the coverage available
- legal advice on loss prevention measures
and loss control procedures
- analysis of coverage provisions prior to
issuance of the policy
- ongoing advice directed to upgrading
existing policy wordings.
The individual lawyers are available,
as well, to assist with site remediation
activities including:
- developing and implementing remediation
plans
- negotiating acceptance of the remediation
plan with Ministry officials
- negotiating settlements with injured third
parties
- liaising with local authorities, the
public and the media.
These remediation programs include:
- site excavation
- containment and treatment of contaminants
- pump removal and/or flushing of
contaminants.
Throughout this process, the
independent law firms work with
appropriate experts and investigation
teams, all of whom form an integral part
of the remediation program.
The third critical element of concern
is to ensure that the potential for
Defence/Recovery is given utmost priority
from first notification of the loss. This
includes:
- determining the precise cause and source
of the loss as quickly as possible
- the development and preservation of
relevant evidence.
Canadian Litigation Counsel’s
independent affiliated law firms have
acted for and against numerous parties
that have caused or contributed to
environmental losses, including:
- previous owners of the land
- owners of the contaminant, the land and/or
the containers from which the contaminant escaped
- polluting corporations and their officers
and directors
- lending institutions, manufacturers,
distributors and suppliers of defective equipment
- installers who improperly installed the
equipment.
The independent affiliated firms of
Canadian Litigation Counsel are uniquely
positioned to provide Canada-wide legal
assistance with regard to all the elements
of an environmental loss and related
coverage issues.
