Donna Shier is an Environmental Law Specialist, Certified by the Law Society of Upper Canada, with 30 years’ experience in environmental law.
Donna is one of Ontario's best known experts in contaminated land issues including management of contaminated sites, their remediation and redevelopment.
As environmental counsel to Canada's leading industrial companies, Donna advises on corporate environmental due diligence, environmental compliance issues and directors' and officers' liability protection.
Called to the Bar in 1978, Donna is experienced in all environmental aspects of real estate and business transactions and financings. Donna is regularly retained as an environmental law expert by real estate, corporate and commercial lawyers and their clients to avoid the legal and financial hazards associated with contaminated property and environmental non-compliances. They seek Donna's clear practical advice on structuring and closing their deals. Donna also provides environmental law expertise to litigation counsel.
Donna was first certified by the Law Society as an Environmental Law Specialist in 1996. She has served on the Law Society's Specialist Certification Committee since April, 2005.
Donna is a regular speaker at the Law Society of Upper Canada’s Annual Real Estate Law Summit, and she is Chair of the LSUC Advanced Environmental Law Roundtable.
Donna participates with senior environmental lawyers from across Canada in the Annual Environmental Law Forum where Canada’s leading environmental lawyers meet to exchange ideas about issues vital to environmental law practice.
Donna is continually peer selected for inclusion in the annual editions of The Best Lawyers in Canada. She is rated “Repeatedly Recommended” in the Canadian Legal Lexpert Directory and “distinguished” in Martindale-Hubbell. She is also named one of the National Post’s Best Environmental Lawyers in Canada.
Donna graduated from Osgoode Hall Law School and from Barnard College of Columbia University.
Credentials
Peer selected for inclusion in the annual editions of The Best Lawyers in Canada
Rated “Repeatedly Recommended” in the Canadian Legal Lexpert Directory
Peer-review rated “distinguished” in Martindale-Hubbell
Certified as a Specialist in Environmental Law by the Law Society of Upper Canada, 1996
Called to the Bar of Ontario, 1978
LL.B., Osgoode Hall Law School, 1976
B.A. cum laude, Barnard College of Columbia University, 1973
Accredited Mediator, ADR Institute of Ontario, 1992
Certificate of Completion, Environmental Management Systems, Canadian Standards Association Seminar, 1996
PennState (Continuing & Distance Education)Wastewater Biology, 1996. Certifications for courses taken in
Parasites and Pathogens
Activated Sludge
Sludge Dewatering
Canadian Environmental Regulation and Compliance News, Environmental Law Editor
Books, Services & Reports
Canadian Environmental Regulation and Compliance News, Editorial Advisor, Board (1992 to present)
Toxic Real Estate Manual, Corpus Information Services, Toronto, 1988 (co–author)
Articles
Ontario Brownfields RSCs and Liability Reopeners – Will Recent Legislative Changes Make a Difference?, Donna S.K. Shier & John Willms, December 10, 2007 – ReNew Canada
Directors’ & Officers’ Environmental Liability, June 2007, Donna S.K. Shier & Raj Bharati, Ultimate Corporate Counsel Guide Newsletter; June 2007 – Corporate Brief; Enviromation; July 2007 – Corporate Governance Quarterly (Chartered Secretaries of Canada)
Environmental Chapter – Directors’ & Officers’ Environmental Liability, June 2007, Donna S.K. Shier, John Willms & Barry Spiegel – CCH Ultimate Corporate Counsel Guide
Ontario Contaminated Site Guideline Changed to Appease Consultants, Insurers, Municipalities, October 1, 1998, Donna S.K. Shier – CERCN
Ontario Court Gives Clean–Up Contractor Priority Over Mortgage – Land Held Valueless Until Remediation Costs Determined, September 1, 1998, Donna S.K. Shier – CERCN (p. 1472)
Spills, Sewers And Stormwater: A Legal Opinion On Environmental Issues – Part II, September 1, 1998, Donna S.K. Shier – CERCN (p.1468)
Buyer Beware – There’s No Relief For Purchasers, A Contaminated Land Policy And Law Update, September 1, 1997, Donna S.K. Shier – Environmental Science and Engineering
Sterling To Study Contaminated Site Liability Problem Following Latest Karge Decision, July 1, 1997, Donna – CERCN (p.1264)
Contaminated Land Liability: Consultants reluctant to Sign Off on Record of Site Condition Affidavit, May 1, 1997, Donna S.K. Shier – CERCN (p. 1216)
Industrial Contamination Not “Defect of Title” – Vendor Not Liable For Failure To Disclose–Ontario Court of Appeal Dismisses Tony’s Broadloom Appeal, April 1, 1997, Donna S.K. Shier – CERCN (p.1204)
Guide to Major MOEEE Initiatives, September 1, 1996, Donna S.K. Shier & Barry Spiegel – CERCN (page 1095)
Environmental Site Assessments: Cases Highlight Purchasers’ Need to Inspect, Read Find Print, Donna S.K. Shier, June 1, 1995 – CERCN (p. 860)
Environmental Issues in the Sale and Leasing of Land, September 1, 1993 – CERCN – Special Report
Confidentiality and Privilege in Environmental Management, Donna S.K. Shier & Barry Spiegel, September 1, 1992 – CERCN – Special Report
Waste Reduction Legislation: Compulsory Waste Reduction Targets for Business?, Donna S.K. Shier, July 1, 1992 – CERCN (p. 326)
Court Of Appeal Upholds Northern Wood Preservers Decision – Court’s Careful Interpretation Of Environmental Protection Act May Protect Innocent Owners Of Contaminated Land, March 1, 1992–CERCN (p.278)
Environmental Approvals: Are Lawyers to Blame for Interminable Hearings, Donna S.K. Shier & Barry Spiegel, Vol. VI, No. 2, 1992, Butterworths – Administrative Journal
Pollution Liability for Leaking Underground Storage Tanks, Donna S.K. Shier & Barry N. Spiegel, December 1, 1991 – CERCN – Special Report
A Gram Of Prevention Is Worth A Kilo Of Cure, Donna S.K. Shier & Barry Spiegel, August 1, 1991 – Municipal World
Who Pays For Clean–Up? The Case Of Northern Wood Preservers, Donna S.K. Shier & Barry Spiegel, August 1, 1991 – CERCN (p. 154)
Environmental Liability in Sales of Land, August 1, 1991, Donna S.K. Shier & Barry Spiegel – CERCN Special Report (first edition – now outdated)
Spills Reporting: Mandatory Reporting May Offend Charter – Aggressive Enforcement Makes Spills Liaison Essential Corporate Function, Donna S.K. Shier & Barry N. Spiegel, June 1, 1991 – CERCN (p.130)
Is it a spill? Must I report it?, Donna S. K. Shier & Barry N. Spiegel, May 1, 1991 – Canadian Environmental Regulation & Compliance News
Special Focus: Ontario’s Environmental Compensation Corporation, Donna S.K. Shier & Barry Spiegel, April 1, 1991, Canadian Environmental Regulation & Compliance News (p. 99)
Bill 220 Increases Ministry’s Authority To Conduct Environmental Clean–Ups, Donna S.K. Shier, January 1, 1991, Canadian Environmental Regulation & Compliance News (page 62)
Extended Liability For Environmental Clean–Up, Donna S.K. Shier, October 1, 1990, Canadian Environmental Regulation & Compliance
Toxic Real Estate In Your Backyard – Municipalities Respond Part 1, Donna S.K. Shier, May 1, 1989 – Municipal World
Organizations
Law Society of Upper Canada, Committee for Environmental Law Specialist Certification since 2005
Ontario Bar Association, Member of the Environmental Law section
National Brownfield Associations, Member, Legislative Policy Committee, 2005 – present
Canadian Brownfields Network, 2004 – present
Canadian Environmental Auditing Association 1991 to present; Education and Training Committee, 1991–1994
Canadian Environmental Regulation and Compliance News, Editorial Advisory Board, 1992 – present
Environmental Law Forum Steering Committee 2006, to select topics and moderate discussion between a select group of leading environmental lawyers from across Canada
Environmental Law Forum 2005, to present, selected to participate with other leading environmental lawyers from across Canada to exchange ideas on issues vital to environmental law practice
Canadian Brownfields Network – Certificate of Membership, August 2004, National forum for stakeholders and practitioners involved in Brownfields redevelopment; guiding principles of the CBN are: create linkages and connectivity to accelerate action on urban revitalization throughout Canada’s communities. Foster strategic alliances with various organizations across Canada. Continue to raise national awareness of the benefits of Brownfield redevelopment, position Brownfields redevelopment as an essential part of sustainable community planning.
Canadian Bar Association, Ontario Branch, Committee on Public Inquiries, 1985
The McGill Club, Toronto; Board of Directors, 1984–86; Vice–President, 1985–86; Chairman of the Legal Committee, 1984–86
Lecturing and Speaking
Recent Updates to Brownfields Regulations – Federated Press Brownfields Course, December 10 – 11, 2007
The Advanced Roundtable in Environmental Law – The Law Society of Upper Canada (LSUC), October 24, 2007
4th Annual Real Estate Summit, – The Law Society of Upper Canada (LSUC),
April 18 – 19, 2007
Environmental Law Forum – Risk Assessment: Short – Term Gain for Long Term Pain?, – Cambridge Forums, January 24, 2007
The Advanced Roundtable in Environmental Law – The Law Society of Upper Canada (LSUC), October 17, 2006
Underground Storage Tanks – What are the Rules for Existing Owners and for Purchasers?, Law Society of Upper Canada – The 2nd Annual Real Estate Law Summit, April 6 – 7, 2005
Environmental Law: What’s In Store for 2004, LAWPRO Environmental Claims Workshop, January 22, 2004
Environmental Panel, Building Owners and Managers Association (BOMA), March 4, 2003
The Anatomy of a Contaminated Land Lawsuit, OBA – Environmental Law for Practising Professionals: Three Essential Modules, November 18, 2002
Wastewater Operator Liability, Water Environment Association Of Ontario, September 26, 2002
Mitigating Lawyers’ Liability in Contaminated Land Transactions, LPIC Environmental Claims Workshop, June 13, 2002
Controlling Risk and Liability When Purchasing Contaminated Property, Infonex – Brownfield Redevelopment, October 22, 2001
Industrial Wastewater Compliance Issues, Environmental Management, Compliance and Engineering 2001, April 10, 2001
Certificates of Approval – Expediting Applications, The Canadian Institute – What’s New in Environmental Law and Regulation in Ontario, October 26, 2000
Structuring Real Estate Transactions, Insight Information Inc. – Commercial Transactions for Contaminated Sites, February 21, 2000
Developing Contaminated Land: Opportunities and Constraints, Infonex, October 21, 1999
Confidentiality and Security, Environmental Management and Compliance ‘99, April 8, 1999
Solving Legal Risk and Compliance, KPMG, January 13, 1999
Contaminated Land Clean–up and Redevelopment: Municipal Policies and Tools, The Canadian Institute 4th Annual Provincial/Municipal Government Liability, February 26, 1998
Contaminated Sites: Minimizing the Risks and Costs, PM Expo – People and Buildings, Strategies for Success, December 3, 1997
Environmental Pitfalls, EPIC – Real Estate Investment, June 21, 1997
The Legal Perspective, Environmental Compliance ‘97 Site Assessment, Decommissioning and Remediation, March 13, 1997
Compliance and Law – What Gets Measured Gets Done, AWMA – Building Competitive Advantage Performance Evaluations, January 31, 1997
Real Estate Investment: Environmental Pitfalls, Insight Information Inc. Information Inc. – Pension Funds as Investors – Maximizing Investor Return, January 21, 1997
Environmental Risk: Who to Call and When, PM Expo – Management Legal & Financial Issues, December 4, 1996
Environmental Risks: Knowing Who to Call, and When, Law Society of Upper Canada – The Six Minute Business Lawyer, November 19, 1996
Civil Liability: Cutting Your Losses, Water Environment Association Of Ontario, October 24, 1996
The Legal Framework, CBAO – How Clean is Clean? Ontario’s New Guideline For Clean–Up Of Contaminated Sites, September 13, 1996
Regulatory and Legal Aspects of Site Remediation and Clean–Up, The Canadian Institute, Remediate and Redeveloping Contaminated Lands, May 22, 1996
The Legal Framework, Environmental Compliance’96 – Contaminated Land Clean–up in Ontario, May 7, 1996
Fairness and Personal Liability for Contaminated Land Clean–Up: The Appletex Decision, Insight Information Inc., the Impact of the New Environmental Regulatory Landscape, April 26, 1996
Municipal Liability: Is the Tide Rising, Water Environment Association Of Ontario Technical Symposium and OPCEA Exhibition, March 25, 1996
Clean–up Guidelines, CBAO, November 23, 1995
Environmental Risk Management for Real Estate Portfolios, Insight Information Inc. Conferences – New Strategies for Real Estate Portfolio Management, November 21, 1995
Understanding Environmental Regulations, EPIC, October 18, 1995
Liability Issues, EPIC – Sewage Lagoons, October 2, 1995
Contaminated Land Clean–up Regulatory Framework, The Canadian Institute, Contaminated Land – Preparing for a New Legal and Commercial Regime, March 2, 1995
Environmental Considerations: Business Purchase and Sale, Conference: Buying and Selling A Business: Real Solutions To Challenging Problems, LSUC – June 8, 1995
Environmental Insurance, Willms & Shier Breakfast Seminar, November 22, 1994
Environmental Auditing: Confidentiality and Privilege, EPIC Environmental Compliance Audit Conference – Legal Framework, November 14, 1994
Stormwater Management and Land Development – Legal Issues, EPIC, November 7, 1994
Due Diligence in the ‘90’s Environmental Law and Liability, CWPA, 15th Annual Meeting, November 4, 1994
Regulatory and Legal Aspects, EPIC – Site Remediation and Cleanup, October 19, 1994
Public Consultation in Environmental Planning, EPIC, September 22, 1994
Environmentally Responsible Products, EPIC, September 20, 1994
Environmentally Responsible Organizations – Regulatory Review, EPIC, April 20, 1994
Liability, Environmental Site Assessments, Agreements, CCIM, March 2, 1994
Regulatory Perspective, EPIC – Environmentally Responsible Products, February 17, 1994
Preparing for and Surviving Inspections – Know Your Rights, Executive Enterprises Inc – National Environmental Regulation Update, November 15, 1993
Commercial and Real Estate Conveyancing, Willms & Shier Breakfast Seminar, November 4, 1993
Environmental Danger Zones: What’s New In Environmental Law, Condominium Conference, Novotel, October 22, 1993
Contaminated Property – How It Pertains to You, TREB Conference, October 6, 1993
Regulatory and Legal Aspects, EPIC – U of T, Faculty of Applied Science and Engineering – Environmental Property Assessment and Clean–Up, April 29, 1993
Audits and the Law – A Lawyer’s Viewpoint, EPIC – U of T – Environmental Audit, April 26, 1993
Confidential Audit Reports and Memos, Executive Enterprises, Inc. – The National Environmental Regulation Update: The Practical Course on Environmental Regulation in Canada, April 22, 1993
Negotiating with the MOE, Willms & Shier Breakfast Seminar, March 26, 1993
Protecting Your Assets: Environmental Liability and Penalties, Executive Enterprises Inc – Plant Level Environmental Compliance Course, February 4, 1993
Other Audit Issues, Tuns Conference, Environmental Risk Management, May 5, 1992
Environmental Risk Management, Tuns Conference, Legislative/Regulatory Framework, May 4, 1992
Damned If You Do, Damned If You Don’t: Spills Reporting Requirements. Pollution Control Association of Ontario 1991 Annual Conference, April 14, 1992
Investigations Executive Enterprises, April 7, 1992
Toxic Real Estate: A Legal Perspective, OSEM Seminar, A Municipal Guide for the Environment, April 3, 1992
Environmental Approvals, Executive Enterprises, October 29, 1991
Management of Underground Storage Tanks – Pollution Liability, Technical University of Nova Scotia, October 7, 1991
Environmental Legislation: Comparison of Ontario with Other Provinces, Insight Information Inc. Conference, September 26, 1991
Environmental Audits Legal Perspectives, Institute For International Research, Implementation Strategies for Environmental Auditing, June 19, 1990
Legal Issues and Toxic Real Estate, HazMat Canada Hazardous Materials Management Conference, September 26, 1989
Vendors and Purchasers Liability and Responsibility, Institute for International Research, September 19, 1989
Toxic Real Estate and Environmental Audits, Haztech Canada, May 15, 1989
Negotiating Environmental Provisions in Real Estate Transactions to Avoid Costly and Unnecessary Disputes, Institute for International Research – Environmental Management, April 5, 1989
Success at the Hearing: Advocacy Before Administrative Tribunals Motions Before Administrative Tribunals, LSUC, November 23, 1985
