Lana Finney, Toronto

About Lana

Lana is an accomplished environmental lawyer, litigator and a certified specialist in environmental law.

She advises clients on environmental considerations in acquisition and sale transactions, provides strategic solutions relating to contaminated sites and remediation, and helps to navigate the assessment, permit and environmental approval processes.

Lana regularly defends clients charged with environmental and regulatory offences under federal and provincial legislation, appeals remediation orders to the Ontario Land Tribunal (formerly the Environmental Review Tribunal), and regularly defends and prosecutes environmental litigation claims by landlords, tenants and property owners before the Ontario courts.

Her experience also includes advising Canadian and international companies as well as their directors and officers on liabilities and insurance coverage for environmental matters, as well as representation and warranty insurance in transactions.

An additional focus of Lana's practice is on renewable-energy projects and public-private partnerships (PPPs). She provides specialized environmental and regulatory advice related to project agreements, and related documentation, in a broad range of project and infrastructure mandates, the vast majority of which involve brownfield sites.

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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 Best Lawyers in Canada – 2020–2024 (Environmental Law)
Chambers Global: The World's Leading Lawyers for Business – 2020–2024 (Environment)
Chambers Canada: Canada's Leading Lawyers for Business – 2018–2024 (Environment)
The Legal 500 Canada – 2017, 2019–2021, 2023, 2024 (Environment)
The Canadian Legal Lexpert Directory – 2017–2024 (Environmental Law)
Who's Who Legal: Global 2023 (Environment)
Who's Who Legal: Canada 2023 (Environment)
Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2016–2018 (Environmental Law)