Toggle Navigation

Environment • Aboriginal • Energy

Anand Srivastava

Associate

T: 416-862-4829  E: asrivastava@willmsshier.com

Bio

Anand Srivastava is an associate lawyer with expertise in assisting a broad range of clients with environmental law and litigation issues.  Anand draws on his science background to facilitate practical solutions to complex environmental legal issues.  Anand is called to the bar of Ontario.

Environmental Law

Anand provides advice to clients about environmental regulatory obligations and provides solutions to help clients minimize liability and to identify sources of recovery including environmental insurance.

Environmental Litigation

  • Environmental civil litigation
  • Defence of environmental regulatory prosecutions
  • Administrative appeals and hearings

Anand represents clients in environmental civil litigation, defence of environmental regulatory prosecutions and administrative appeals and hearings.  He prosecutes and defends environmental lawsuits.  He defends clients charged with municipal, provincial or federal environmental violations. He appeals Ministry Orders and Approvals to the Environmental Review Tribunal.

Prior Environmental and Aboriginal Experience

Anand holds an Honours Bachelor of Science with a subject of specialization in Environmental Toxicology from Queen's University.  Anand has worked as an Environmental Projects Administrator with the Government of Canada and was also previously self-employed as a consultant in ecotoxicology.

Before joining Willms & Shier, Anand worked at an Aboriginal law firm in Vancouver and focused on Aboriginal rights litigation, Aboriginal title litigation and the preparation and negotiation of Specific Claims. 

 Clients

  • Industrial and Manufacturing Companies
  • Insurers and financial institutions
  • Land developers, property owners, landlords and tenants
  • Transit authorities
  • Municipalities
  • Mining and exploration sector
  • Dry cleaning owners and operators
  • Aboriginal, Inuit and Métis communities
  • Individuals

Representative Work

Environmental Law

  • Manufacture and Use of an Alternative Fuel—Assisted an entrepreneur to understand the environmental regulatory obligations for the manufacture and use of an alternative motive fuel in Ontario.
  • Regulatory Approvals for Transit Authority—Advised a transit authority about all required environmental approvals and permits for constructing and operating a bus garage. 

Environmental Litigation

  • Contamination of Property by Dry Cleaner—Represented a property owner whose property was contaminated by chlorinated solvents from a neighbouring dry cleaner.  Achieved a global resolution with all litigants to remediate the property and minimize our client's environmental risk in the future.

  • Defence of Prosecution of Construction Business—Assisted a construction company to defend provincial offence charges under the Environmental Protection Act and Ontario Water Resources Act alleging discharges from a construction site.

  • Appeal of Order to Environmental Review Tribunal—Represented a group of property owners who were issued an Order under the Environmental Protection Act to clean up historic contamination.  Assisted the clients in reaching a negotiated resolution with the regulator.

Contaminated Land and Environmental Risk Management

  • Agreement of Purchase and Sale—Advised a property owner about environmental risk and liability allocation in an agreement of purchase and sale using indemnities and releases.
  • Pre-Purchase Due Diligence—Reviewed available Environmental Site Assessments and advised a potential purchaser about contaminated property and risks, liabilities and obligations.
  • Environmental Risk Management—Assisted a property developer with on-going environmental investigations to determine potential contamination.  Advised the developer of potential environmental civil and regulatory liabilities associated with contaminated sites.

Environmental Insurance Coverage

  • Insurer Coverage Opinion for Mining Incident—Assisted an insurer to evaluate a claim from an insured by providing an opinion about available coverages, exclusions and policy conditions.
  • Insured Coverage Opinion for Migrating Contamination—Advised an insured about applicable coverage for the cost of environmental remediation work at its property and downgradient properties.

Recognition

Organizations

  • Canadian Bar Association—member
  • Ontario Bar Association—member

Speaking Engagements

Articles

March 09, 2017

Dueling Environmental Experts: The Court Accepts the More Fact-Based, Reliable and Plausible Explanation

When a party finds itself in an environmental dispute, what evidence must it submit to support its case? And will that evidence succeed in Court? F...

More

December 12, 2016

Canada and Most Provinces Agree to Pan-Canadian Framework on Clean Growth and Climate Change

On December 9, 2016, the Government of Canada and most Canadian provinces adopted the Pan-Canadian Framework on Clean Growth and Climate Change. Th...

More

October 11, 2016

How Should Plaintiffs Quantify Their Losses Due to Contamination? Property Appraisal or Remediation Estimate?

In civil lawsuits for losses due to soil and groundwater contamination, plaintiffs often quantify their damages as either: the cost to remediate...

More

October 04, 2016

Canada Announces National Carbon Pricing by 2018

On July 28, 2016, we wrote about the Government of Canada’s intention to propose a plan for national carbon pricing in the fall. At the time,...

More

September 27, 2016

Unreasonable Delay and Environmental Prosecutions

Companies and individuals who may be charged with environmental offence, often ask how long the legal proceedings may last.  In the event the ...

More

August 30, 2016

Road Salt Leads to Environmental Hyper-Tension

Some might think that spreading road salt is a typical Canadian winter pastime, just like snowshoeing or snowball fights.  As Mr. Bousfield fo...

More

July 28, 2016

Canada to Introduce Plan for National Carbon Pricing

Since attending the United Nations’ Climate Change Conference in Paris, Canada’s federal and provincial governments have been in discus...

More

July 26, 2016

Alberta Provides Guidance on Use of Exposure Control to Manage Risks at Contaminated Sites

Alberta Environment and Parks has published a new guidance document entitled Alberta Exposure Control Guide (the "Guide"). The Guide outlines ...

More

Books

Education

  • Called to the bar of Ontario (2016)
  • J.D., University of Western Ontario (2015)
  • B.Sc. (Hons) Environmental Toxicology, Queens University (2012)

Expertise

"The ability to grasp the very nature of our business and the extent of our situation and report regularly on the magnitude of the issue."

Steel Company Executive