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Lana Finney

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Lana has advised or represented:

Transactions

  • 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 and transportation 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

  • Authorities and industrial and commercial clients on the expropriation of lands

  • Leading providers of representation and warranty insurance with respect to the adequacy of environmental diligence to assess exposure

Compliance and Approval Issues

  • 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 the Environmental Protection Act (Ontario) and Regulation 347 relating to waste issues

  • Clients in relation to Ontario’s new excess soil regime and changes to extender producer responsibility legislation

  • Clients on reporting obligations in relation to environmental incidents (findings of historic contamination, finding of groundwater migration across property boundary, discharges to air, surface and groundwater and noise), including advising clients on subsequent communications with regulators to minimize the likelihood of charges or subsequent convictions, and the management of regulatory investigations

Litigation

  • Clients appealing to the Ontario Land Tribunal in relation to Ministry of the Environment, Conservation and Parks Director's orders requiring remediation

  • Clients in the aggregates, chemical manufacturing and pulp and paper industries charged with a variety of offences under the Fisheries Act, 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 multinational 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 multiparty contaminated lands litigation

Awards & Recognition

Lana is certified by the Law Society of Ontario as a specialist in environmental law. 

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

  • The Legal 500 Canada – 2017, 2019–2021, 2023 (Environment)

  • The Best Lawyers in Canada – 2020–2023 (Environmental Law)

  • Chambers Canada: Canada's Leading Lawyers for Business – 2018–2023 (Environment)

  • Who's Who Legal: Canada 2022 (Environment)

  • Chambers Global: The World's Leading Lawyers for Business – 2020–2022 (Environmental Law)

  • The Canadian Legal Lexpert Directory – 2017–2022 (Environmental Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2016–2018 (Environmental Law)

Professional Activities
Lana is a past member of the Executive of the Ontario Bar Association's Environmental Law Section and is currently a member of The Advocates' Society and the Ontario Expropriation Association.
Education

Admitted to the Ontario Bar – 1995
Admitted to the Saskatchewan Bar – 1994
BA, University of Saskatchewan – 1994
LLB, Osgoode Hall Law School, York University – 1993

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