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Lana Finney

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TRANSACTIONS

Lana has advised:

  • Multiple purchasers and vendors of industrial, commercial and residential properties on environmental due diligence, including retaining and instructing environmental consultants, reviewing of environmental reports and operational documents, providing advice on existing and potential liabilities and negotiating sale agreements
  • Equity sponsors, shortlisted bidders, and authorities in relation to environmental issues in a variety of social infrastructure PPP projects
  • Boards of directors and senior officers of environmentally-sensitive industries with respect to environmental liabilities generally, director and officer liability and insurance coverage
  • Industrial and commercial clients on the expropriation of contaminated lands
  • Leading providers of representation and warranty insurance with respect to the adequacy of environmental diligence to assess exposure
COMPLIANCE AND APPROVAL ISSUES

She has also provided advice to:
  •  Clients seeking Environmental Compliance Approvals, Renewable Energy Approvals, Fisheries Act and Aggregate Resources Act approvals
  • Clients in relation to compliance with, and permitting, under, Part V of Environmental Protection Act (Ontario) and Regulation 347 relating to waste issues
  • Clients in relation to Ontario’s new excess soil regime
  • Clients on reporting obligations in relation to environmental incidents (findings of historic contamination, finding of groundwater migration across property boundary, air-conditioning refrigerants, discharges to air and water bodies and noise), including advising clients on subsequent communications with regulators to minimize the likelihood of charges or subsequent convictions, and how to manage regulatory investigations


LITIGATION

Lana has represented:

  • Clients appealing Ministry of the Environment, Conservation and Parks Director’s Orders requiring remediation to the Ontario Land Tribunal
  • Clients in the aggregates, chemical manufacturing and pulp and paper industries charged with a variety of offences under the Environmental Protection Act and Ontario Water Resources Act
  • Both plaintiffs and defendants in multiple contaminated lands actions, bringing successful summary judgment motions to have actions dismissed based on the expiry of limitation periods
  • A large multi-national auto parts manufacturer in civil litigation and appeals of clean-up orders in relation to allegations of groundwater contamination by solvents previously used in their industrial processes at various facilities in Ontario
  • A leading oil company in multi-party contaminated lands litigation
Awards & Recognition

Lana is regularly recognized as a leading Canadian environmental lawyer in industry publications including:

  • Chambers Canada 2018-2022
  • Chambers Global 2020-2021
  • The Legal 500 Canada 2017, 2019-2021
  • The Canadian Legal Lexpert Directory 2017-2021
  • Benchmark Canada 2016-2018
  • The Best Lawyers in Canada 2020-2022
  • Certified Specialist in Environmental Law, Law Society of Upper Canada
Professional Activities
  • Past Member of the Executive, Environmental Law Section of the Ontario Bar Association
  • Member, Advocates' Society
  • Member, Ontario Expropriation Association

     
Education

Admitted to the Ontario Bar – 1995
Admitted to the Saskatchewan Bar - 1994
LL.B., Osgoode Hall Law School, York University – 1993
B.A., University of Saskatchewan - 1994

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