Toggle Navigation

Environment • Aboriginal • Energy

Marc McAree

Partner
Certified Environmental Law Specialist

T: 416-862-4820  E: mmcaree@willmsshier.com

Bio

Marc McAree provides advice and solutions to a wide range of clients that help them overcome their environmental law and litigation issues. Marc also provides mediation on environmental issues. Marc is admitted to the bars of Ontario and British Columbia.

Rankings and Awards

  • Certified Specialist in Environmental Law, Law Society of Upper Canada, since 2004
  • Selected for inclusion in the 2016 Lexpert™®/American Lawyer Guide To The Leading 500 Lawyers in Canada
  • Selected for inclusion in the 2016 Chambers & Partners Guide for Environmental Law
  • Peer selected annually for The Best Lawyers in Canada©—Environmental Law
  • Willms & Shier Environmental Lawyers LLP is named "Law Firm of the Year" for The Best Lawyers in Canada©—Environmental Law, 2017 Edition
  • Rated “Most Frequently Recommended” in the Canadian Legal Lexpert directory
  • Named annually in the international Who’s Who Legal—Environment and Who’s Who Legal—Canada
  • Ranked “AV® Preeminent™” by peers in Martindale-Hubbell
  • Recipient, Linda Adlam Manning Award for Volunteerism, Ontario Bar Association, 2009

Environmental Law

Marc provides specialist advice and solutions on all aspects of environmental law including expertise with contaminated land/brownfields clean ups, transactions and litigation, and environmental compliance and approvals. Marc also helps clients reduce and manage their environmental risks and liabilities, including assisting with transactional environmental due diligence and ongoing environmental compliance.

Environmental Litigation

  • Environmental civil litigation
  • Defence of environmental regulatory prosecutions
  • Environmental appeals

Marc represents clients at all levels of Ontario Courts on actions, applications, judicial reviews and appeals. He defends clients against environmental prosecutions and appears before the Environmental Review Tribunal and other administrative law decision-makers.

Marc has particular experience in the courts and tribunals litigating soil and groundwater contaminant impacts, and nuisance and odour issues. He frequently negotiates settlements of substantial and complex environmental damage claims without resort to civil litigation. 

Clients

  • Industrial companies
  • Insurers and financial institutions
  • Municipalities
  • Transit authorities
  • Conservation authorities
  • Land developers, property owners, landlords, tenants, real estate investment trusts & portfolio companies
  • Construction companies
  • Dry cleaners
  • Individuals

Representative Work

  • Environmental Counsel to Major Food Processing Company—Canadian environmental counsel to an international food processing company. Advice about environmental regulation of truck-to-train transfer requirements for crude oil, environmental requirements for the sale of a grain terminal, environmental site assessment reports associated with a lease surrender, and ongoing multi-party environmental risk and associated litigation.
  • Migration of Chlorinated Solvents Through Property—Achieved a multi-million dollar settlement for a government client that owns a flow-through contaminated property with broad indemnification from the long-time former industrial owner of the upgradient source property after a decade of civil litigation and regulator engagement.
  • Appeal of Regulatory Order to Tribunal—Appeal of an order against a municipal client involving the deposit by an owner of fly ash received from a municipal energy-from-waste facility that was lawfully deposited at a property pursuant to an agreement and in accordance with environmental laws, and initiation of a civil action against several potentially responsible parties for damages incurred to appeal the order.
  • Defence of Lawyer in Civil Litigation—Defence of a lawyer on behalf of the lawyer’s insurer against allegations of negligence, misappropriation of funds, breach of contract and breach of fiduciary duty associated with the migration of petroleum hydrocarbons from a major oil company’s property to the Plaintiff’s property (lawyer’s former client), where the former client alleged that the lawyer failed to issue a claim within the limitation period.
  • Environmental Coverage Opinion, Defence and Subrogation Claim for an Insurer—Initially provided insurance coverage advice to an insurer about its insured’s claim in response to a significant fuel loss at a service station impacting commercial and residential properties in the vicinity of a nearby river. Managed environmental regulator involvement by working with the regulator and insured to strategically spend insurance proceeds. Defended a bad faith claim initiated against the insurer by the insured after the coverage limit was spent. Initiated a subrogation action against other potentially responsible parties.
  • Defence of Environmental Consultant to Sewer Use Prosecution—Defence of an insured environmental consulting firm and its principal against charges relating to sewer discharges from the consultant’s client’s wastewater treatment system, where the consultant did not engage in, or cause or permit any discharge to the municipal sewer.

 

 

 

Recognition

  • Certified Specialist in Environmental Law, Law Society of Upper Canada, since 2004
  • Selected for inclusion in the 2016 Lexpert™®/American Lawyer Guide To The Leading 500 Lawyers in Canada
  • Selected for inclusion in the 2016 Chambers & Partners Canada Guide for Environmental Law
  • Peer selected annually for The Best Lawyers in Canada©—Environmental Law
  • Rated “Most Frequently Recommended” in the Canadian Legal Lexpert directory
  • Named annually in the international Who’s Who Legal—Environment and Who’s Who Legal—Canada
  • Ranked “AV® Preeminent™” by peers in Martindale-Hubbell
  • Recipient, Linda Adlam Manning Award for Volunteerism, Ontario Bar Association, 2009

Organizations

  • The Law Society of Upper Canada—Certified Specialist in Environmental Law (2004-)
  • Ontario Bar Association—Environmental Law Section Executive Committee member (1996-2014), Chair (2006-2008), Vice-Chair (2004-2006); Legislation Sub Committee member (1996-1998); Lender Liability Sub-Committee member (1996-1997); Co-Program Coordinator (2000-2001)
  • Canadian Bar Association—National Environmental, Energy and Resources Law Section Executive Committee member (1996-); Young Lawyers’ Division—Ontario Chair (1997-1998), Vice-Chair (1996-1997); member of the Executive (1995-1997)
  • American Bar Association—Toxic Torts and Environmental Law Committee Vice-Chair (2010-); member of the Environment, Energy and Resources Section and Toxic Tort & Insurance Practice Section (2010-)
  • Canadian Environmental Law Association, member (1988-)
  • Ontario Environmental Review Tribunal, former member of the Client Advisory Committee
  • Environmental Law Network (U.S.), member
  • Toronto Construction Association,  Environment Committee member (2003-)

 

Speaking Engagements

May 01, 2017

CANECT 2017 - Managing Indoor Environmental Quality

More

April 27, 2017 to April 28, 2017

CBA Environmental, Energy & Resources Law Summit

More

March 02, 2017

SMART Remediation Vancouver Conference: Making Out the Environmental Due Diligence Defence at Trial

More

February 16, 2017

SMART Remediation Ottawa Conference: Making Out the Environmental Due Diligence Defence at Trial

More

February 08, 2017

Ontario Bar Association's Institute - New Developments in Environmental Law

More

January 26, 2017

SMART Remediation Toronto Conference: Making Out the Environmental Due Diligence Defence at Trial

More

January 19, 2017

Environmental Law Forum: Proving Environmental Health Impacts

More

November 03, 2016 to November 04, 2016

Canadian Bar Association: 27th Annual NEERLS & Department of Justice Meeting

More

October 20, 2016

The Law Society of Upper Canada: The Six-Minute Environmental Lawyer 2016

More

June 10, 2016

Ottawa Construction Association: Environmental Law for the Construction Industry

More

February 23, 2016

The Commons Institute: Experts in Environmental Litigation

More

February 11, 2016

SMART Remediation Vancouver Conference: Experts in Environmental Litigation

More

February 04, 2016

SMART Remediation Ottawa Conference: Experts in Environmental Litigation

More

January 27, 2016 to January 29, 2016

Environmental Law Forum: Cross Country Check Up

More

January 19, 2016

The Canadian Institute's 22nd Annual Advertising and Marketing Law Conference

More

October 21, 2015

LSUC: The Six-Minute Environmental Lawyer 2015 - Experts in Environmental Litigation

More

October 21, 2015

The Law Society of Upper Canada: The Six-Minute Environmental Lawyer 2015

More

August 05, 2015

INEF 2015 Conference: Experts in Environmental Litigation

More

May 07, 2015

Toronto Construction Association: Environmental Law for the Construction Sector

More

April 11, 2015

ABA - Cutting-Edge Scientific and Legal Trends in Toxic Torts and Environmental Law

More

March 07, 2015

Willms & Shier Environmental Law Moot Court Competition

More

January 22, 2015 to February 27, 2015

Using Expert Witnesses in Environmental Litigation

More

August 04, 2014

Reaching for the Intersection of Product Stewardship, Green Chemistry and Nanotechnology: A Practical Update

More

June 10, 2014

CBA NEERLS Webinar: Cross-Border and Inter-Provincial Environmental Disputes

More

June 09, 2014 to June 10, 2014

Insight's Canadian Law Firm Leadership Forum

More

May 29, 2014 to May 30, 2014

2014 CBA NEERLS Law Summit

More

May 27, 2014

OBA's Risk Assessment for Contaminated Land

More

April 30, 2014

CANECT 2014: Water and Wastewater: Compliance and Due Diligence

More

February 12, 2014

Toronto Construction Association: Environmental Law - Pitfalls, Perils & Risk Management

More

January 17, 2014

Ottawa Construction Association: Environmental Law for the Construction Industry

More

January 16, 2014 to June 10, 2014

Canadian Bar Association NEERLS: Five-Part Webinar Series

More

November 26, 2013

Water and Wastewater: Compliance and Due Diligence, Envirogate

More

October 03, 2013

Practice Tips and Tools for Environmental Lawyers, Ontario Bar Association

More

April 29, 2013 to May 01, 2013

21st Annual CANECT 2013

More

April 10, 2013

AON Property Owners' Roundtable - Environmental Risk Management

More

February 27, 2013

Environmental Law: Vapour Intrusion: What You Can't See, Smell, Hear, Taste or Feel Can Hurt You !, Canadian Bar Association

More

February 22, 2013

Environmental Law 101, The International Council of Shopping Centres (ICSC) Canadian Law Conference, Breakfast Roundtables

More

February 05, 2013

Emerging Trends in Environmental Liabilities and Related Claims, The Canadian Institute

More

December 05, 2012

8th Environmental Deal-Breakers in Real Estate and Business Transactions Course

More

November 28, 2012

The Anatomy of an Environmental Civil Action, Ontario Bar Association

More

October 26, 2012

Environmental Law & Regulation in Ontario, The Canadian Institute

More

October 17, 2012

The Six-Minute Environmental Lawyer 2012, Law Society of Upper Canada

More

2014

  • “Reaching for the Intersection of Product Stewardship, Green Chemistry and Nanotechnology: A Practical Update”, American Bar Association Webinar, American Bar Association
  • “Interprovincial Environmental Disputes”, CBA NEERLS Webinar Series, Canadian Bar Association
  • “Strategy & Strategic Planning—Preparing the Firm for the Future: Things You Must Get Right”, Canadian Law Firm Leadership Forum: Identifying the Opportunities for Change, Insight Information
  • “Vapour Intrusion: What you can’t see, smell, hear, taste or feel can hurt you!”, 2014 Environmental, Energy and Resources Law Summit, Canadian Bar Association
  • “Risk Assessment for Contaminated Land: Three Years After the July 1, 2011 Amendments”, Canadian Bar Association
  • “Compliance and Due Diligence”, 22nd Annual Canadian Environmental Conference & Tradeshow (CANECT) 2014
  • “Reaching for the Intersection of Product  Stewardship, Green Chemistry and Nanotechnology:  A Practice Update”, 23rd Annual Spring CLE meeting of the Toxic Torts and Environmental Law Committee, American Bar Association
  • “Environmental Law—Pitfalls, Perils & Risk Management”, Toronto Construction Association
  • “Environmental Law for the Construction Industry”, Ottawa Construction Association

 2013

  • “Due Diligence Defence To An Environmental Prosecution”, Environmental Compliance Essentials 2013, Envirogate
  • “Spills, Leaks and Contingency Plans, Orders and Due Diligence Defence to an Environmental Prosecution”, 21st Annual Canadian Environmental Conference & Tradeshow (CANECT) 2013
  • “Environmental Risk Management at Commercial Properties”, AON Property Owners’ Roundtable
  • Environmental Law Career Panel, Osgoode
  • “Vapour Intrusion: What You Can’t See, Smell, Hear, Taste or Feel Can Hurt You!”, Canadian Bar Association
  • “Environmental Law For Dummies”, Breakfast Roundtables, 2013 ICSC Canadian Shopping Centre Conference, ICSC
  • “Emerging Trends in Environmental Liabilities and Related Claims”, 19th Annual Provincial/Municipal Government Liability, The Canadian Institute

 2012

  • “Dealing with Environmental Risk in Industrial and Commercial Leasing”, 8th Environmental Deal-Breakers in Real Estate and Business Transactions, Federated Press
  • “The Anatomy of an Environmental Civil Action: Damages and Getting to Settlement—Part Three of a Three-Part Series”, Ontario Bar Association—Environmental Law Section
  • “Emerging Issues in Real Estate”, Hamilton Law Association
  • “Environmental Civil Causes of Action: The Effect of Berendsen v. Ontario and Smith v. Inco on Who You Can Sue and For What”, Environmental Law and Regulation in Ontario, The Canadian Institute
  • “Protecting Landlords and Tenants with Environmental Terms in Leases”, The Six Minute Environmental Lawyer, Law Society of Upper Canada
  • “Environmental Experts, The Anatomy of an Environmental Civil Action: Navigating To and Through Trial—Part Two of a Three-Part Series”, Ontario Bar Association—Environmental Law Section
  • “The Anatomy of an Environmental Civil Action: All About Claims—Part One of a Three-Part Series”, Ontario Bar Association—Environmental Law Section
  • “Environmental Liability for Government Entities”, Extended Workshop, 2012 Society of Public Insurance Administrators of Ontario Conference, Public Insurance Administrators of Ontario
  • “Environmental Legal Liability Hot Topics, Insider Secrets to Managing Environmental Risk”, FERRO Canada Symposium
  • “Purchasing Contaminated Land While Allocating Environmental Liability”, Board of Governors, Wilfrid Laurier
  • “The Long and Winding Road: Environmental Liability and Best Practices in Road Construction”, Infrastructure Construction and the Environment, Hetek Solutions, Inc.
  • “Identifying, Managing and Minimizing The Risks of Environmental Liability, 18th Annual Provincial/Municipal Government Liability, The Canadian Institute
  • Drafting/Negotiating Environmental Provisions for High Risk Sites Such as Gas Stations and Dry Cleaners”, ICSC 2012 Canadian Shopping Centre Law Conference  

2011

  • “Emerging Issues in Real Estate”, The Hamilton Law Association
  • “Environmental Law Update: Contaminated Land and Environmental Claims, Maxxam Analytics
  • “Environmental Litigation: An Overview of Contaminated Land and Natural Resources Damages”, The Six-Minute Environmental Lawyer 2011, The Law Society of Upper Canada
  • “Municipal Liability in Nuisance and for Environmental Contamination: A Practical Guide to Managing the Risks”, Municipal Government Liability and Litigation, Osgoode Hall Law School
  • “The Appraiser’s Dilemma in Valuing Contaminated Land: Case Law Review”, ELS Passport Series, Ontario Bar Association
  • “Dealing with Environmental Risk in Industrial and Commercial Leasing”, Environmental Deal-breakers in Real Estate and Business Transactions, Federated Press
  • “Essential Developments in Environmental Liability and Related Claims”, 17th Annual Provincial/Municipal Government Liability, The Canadian Institute
  • “Environmental Legal Risks in Industrial and Commercial Leasing”, Environmental Deal-breakers in Real Estate and Business Transactions, Federated Press

 2010

  • “Dynamic Due Diligence: Real-life Examples of the Changing Face of Environmental Due Diligence as Interpreted in the Courts”, Envirogate 2010
  • “A Cross-Country Review of Contaminated Land Litigation”, Maxxam Analytics
  • “Critical Updates and Significant Trends in Environmental Litigation”, Environmental Law & Regulation in Ontario, The Canadian Institute
  • “Managing Environmental Risk in the Context of Civil Litigation and Regulatory Action”, Society of Public Insurance Administrators of Ontario 2010 Conference, Society of Public Insurance Administrators of Ontario
  • “Environmental Considerations in Real Property Transactions”, Sophisticated Real Estate Transactions, Federated Press
  • “Environmental Insurance”, Environmental Deal-Breakers in Real Estate and Business Transactions Webinar, Federated Press
  • “Show Me the Money: Financial Assurance Requirements and Environmental Insurance”, Passport Series, Ontario Bar Association
  • “The Long and Winding Road: Environmental Liability and Best Practices in Road Construction”, Canadian Road Builders Association

 Older

  • Environmental Considerations in Real Property Transactions Development, Osgoode Hall Law School LL.M., November 26-28, 2009
  • Ensuring Compliance, Avoiding Environmental Liability & Maximizing Business Efficiency, The Canadian Institute, Environmental Law & Regulation, October 29-30, 2009
  • Canada/U.S. Environmental Disputes: Reaching Across the 49th Parallel, The 2009 National Environmental, Energy and Resources Law Summit, Canadian Bar Association, May 1-2, 2009
  • 18th Annual Spring CLE meeting of the Toxic Torts and Environmental Law Committee, American Bar Association, April 2-4, 2009
  • Defensive Lease Drafting to Cover Your Environmental Assets! And Contaminated Land and Buildings: Who is on the Hook to Clean-up and For What?, March 5-6, 2009, ISCS Law Conference
  • Corporate Counsel Donning Green: Commitment to Environmental Sustainability and Managing the Risks, Insight 3rd Annual In-House Counsel Forum, February 26-27, 2009
  • The Long and Winding Road: Environmental Liability and Best Practices in Road Construction, Ontario Road Builders Association, February 23, 2009
  • Commercial Lease Provisions: Allocating Liability for Contamination and Environmental Remediation, LSUC, The Six Minute Commercial Leasing Lawyer 2009, February 11, 2009
  • Managing Nuisance and Trespass Claims in an Environmental and Civil Liability Context, The Canadian Institute, February 9-10, 2009
  • CCCA, The 3rd Annual Ultimate Corporate Counsel Conference, November 12, 2008
  • The Legal Framework of Odour Regulation in Ontario, Ontario Bar Association Passport Series, October 2, 2008
  • Class Action Liability Update – Spills, Contamination, and Odours, SPIAO, May 25-26, 2008
  • Trends and Foes: Managing Change and Risk in Municipal Law, IMLA, May 15-16, 2008
  • Fundamentals of Environmental Law & Regulation in Ontario, The Canadian Institute, April 17-18, 2008
  • Excelling at Home and in Global Markets - Meeting Corporate Governance Challenges at Home and Abroad - The Role of Cororate Counsel, Insight, 2nd Annual Corporate Counsel Forum, February 25-26, 2008
  • Managing the Risks of Environmental Contamination: A Practice Perspective, Osgoode’s Municipal Government Liability and Litigation Conference, February 12 – 13, 2008
  • Minimizing Nuisance Liability Challenges: Spills, Contamination and Odours, The Canadian Institute’s 14th Annual Provincial/Municipal Government Liability, February 7 – 8, 2008
  • Municipal Law Program – Part I – Navigating a Rapidly Changing Municipal Law and Planning Law Landscape: The “Greening” of Planning in Ontario, February 5, 2008
  • Environmental Law: Staying Aloft Amid a Flurry of New Developments, OBA 2008 Institute, February 4, 2008
  • Ministry of the Environment Update 2007: Recent and Upcoming Changes to Ontario Environmental Laws, Ontario Bar Association, November 22, 2007
  • Challenging Approvals and Orders, Lehder Environmental Services, November 2, 2007
  • Environmental Law Practice Tips and Tools Roundtable Dinner, Ontario Bar Association (OBA) Young Lawyers Division, November 1, 2007
  • Environmental Nuisances: Noise, Light, Odour & Fugitive Dust, Air & Waste Management Association, May 7-9, 2007
  • Fundamentals of Environmental Law & Regulation, The Canadian Institute, April 23-24, 2007
  • Basics of Environmental Law: Insurance Policies, Contaminated Land and You, Ontario Insurance Adjusters Association, February 7, 2007
  • Litigation Trends 2006: Environmental Class Actions, The Canadian Institute, November 22, 2006
  • New Developments in Asbestos, Mould and Other Environmental and Risk Management Issues in Leasing, Real Leasing, October 3, 2006
  • Fundamentals of Environmental Law & Regulation, The Canadian Institute, April 3-4, 2006
  • Managing the Risks of Environmental Contamination: Canadian Institute’s 12th Annual Provincial/Municipal Government Liability, February 8, 2006
  • The Essentials of Environmental Law in Ontario, The Canadian Institute’s 8th Annual Environmental Law & Regulation in Ontario, November 29, 2005
  • Back With A Vengeance - Part II: A Changing Legal Environment, Ontario Bar Association, November 25, 2005
  • Strategic Spill Management: Appealing Environmental Penalties, Clean-Ups and Cost-Recovery Orders, Templegate Information Services, November 22, 2005
  • Practical Strategies to Control and Limit Your Liability Exposure in Environmental Clean-Ups, Canadian Institute - Offsetting Environmental Clean-Up Costs and Liabilities, November 21, 2005
  • Canadian Brownfields 2005 - Developing Livable Communities - The Community Planning Stream, The Canadian Brownfields Network, October 14, 2005
  • Contaminated Land: Avoiding Pitfalls and Closing Deals!, Toronto Real Estate Board, October 5, 2005
  • Contaminated Land and Buildings: The Appraiser's Dilemma and the Need for Input from other Disciplines, Ontario Association of the Appraisal Institute of Canada, September 16, 2005
  • The Future of Real Estate in the North, IWRA Real Estate Forum, April 7, 2005
  • Land, Water & Sewage: The Municipality as Gatekeeper, 11th Annual Provincial/Municipal Government Liability, February 17, 2005
  • Risk Assessment - What Does It Mean and How Does It Work, OBA, February 4, 2005
  • Personal Liability on the Environmental Front: Are You Exposed?, The Canadian Institute Construction Superconference, November 29, 2004
  • Tiding Up Your Deals! Addressing Contamination in Land Transactions, OBA, November 4, 2004
  • Contaminated Land: Avoiding Pitfalls & Closing Deals, Windsor Essex County Real Estate Board, October 28, 2004
  • Ontario's New Brownfields Laws, LSUC/OBA, October 14, 2004
  • Contaminated Land: Avoiding Pitfalls & Closing Deals, Toronto Real Estate Board, September 30, 2004
  • Contaminated Land: Avoiding Pitfalls & Closing Deals, London & St. Thomas Real Estate Board, September 16, 2004
  • Contaminated Land: Avoiding Pitfalls & Closing Deals, Hamilton Real Estate Board, May 4, 2004
  • Contaminated Land: Avoiding Pitfalls & Closing Deals, Brampton Real Estate Board, April 19, 2004
  • The Environmental Lawyer's Toolbox, Appraisal Institute of Canada, April 3, 2004
  • From Spills to Landfills: Overcoming new Environmental Liabilities, The Canadian Institute, February 20, 2004
  • Troubleshooting MOE Approvals and Orders, Jacques Whitford, February 6, 2004
  • Troubleshooting MOE Approvals and Orders, Golder Associates Ltd., January 30, 2004
  • Environmental Legal Update: New Cases and Developments in Noise & Odour Regulation and Industrial Contamination Clean-ups, APMA, January 15, 2004

Articles

October 18, 2017

The Lawyer's Daily: Overeager experts get wake-up call as they battle it out in environmental litigation

See Marc McAree’s and Victoria Chai’s article titled Overeager experts get wake-up call as they battle it out in environmental litigati...

More

April 07, 2017

Environmental Rectification Expense Insurance for Environmental Contractors and Consultants

XL Catlin announced that it is now offering environmental contractors and consultants the option to add "rectification expense" coverage to XL Catl...

More

March 23, 2017

CCME Offers New Contaminated Site Characterization Guidance

The Canadian Council of Ministers of the Environment recently published an updated Guidance Manual for Environmental Site Characterization in four ...

More

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

October 21, 2016

Robust Environmental Management System Serves to Fully Absolve Defendant: R v Control Chem Canada Ltd.

On March 15, 2016, the Ontario Court of Justice ("OCJ") released its decision in R v Control Chem Canada Ltd.  The company was charg...

More

December 03, 2015

Is Your Tree a “Border Tree” or a “Straddle Tree” or Is It Just Plain Old Neighbourly Love – Not Likely?

As with all aspects of environmental law, the law turns on the facts.  The law of trees is no different.  And, it is often the technical ...

More

November 04, 2015

Continuing Nuisance Requires Proof of Additional Damage and Damages During the Prior Two Year Limitations Period, Court Confirms

On Thursday, October 22, 2015 the Ontario Court of Justice released its decision on a motion for summary judgment in a civil action for damages ari...

More

February 19, 2015

Canada’s Hazardous Products Act and Regulations To Implement Globally Standardized Rules

On February 11, 2015, the federal Hazardous Products Regulations (HPR) and the Hazardous Products Act (HPA) came into force. The HPR and HPA implem...

More

February 02, 2015

The Court of Appeal’s Decision in Moore v Getahun

On January 29, 2015, the Ontario Court of Appeal held that counsel and their experts are permitted to confer in a way that does not interfere with ...

More

February 02, 2015

Experts in Environmental Litigation

Environmental litigators find themselves embroiled in a world of disputes where science, engineering and environmental law intersect. These dispute...

More

November 21, 2014

Marc McAree Describes the Legal Risks of "Greenwashing"

Marc McAree is quoted in a Law Times article discussing the legal risks companies and individuals may face arising from false environmental cl...

More

October 23, 2014

"Greenwashing" Environmental Claims Give Rise to Legal Liability

"Green" products and services are becoming popular in many industries as people become more concerned with environmental protection and climate cha...

More

October 03, 2014

Ontario Premier Wynne Mandates Environmental and Energy Priorities

Ontario Premier Kathleen Wynne released mandate letters to her cabinet ministers on September 25, 2014, outlining key priorities for each ministry....

More

May 05, 2014

Castonguay Convicted Again: Ontario Courts Continue To Recognize Section 15(1) EPA “Duty to Report”

The Ontario Court of Justice has added a couple of expensive postscripts to a landmark legal case that confirmed the incident reporting requirement...

More

April 11, 2014

Environmental Management Best Practices for Dry Cleaners – Minimizing Legal Liability and Establishing a Defence

A discharge, leak or spill of even a small quantity of PERC will eventually have significant legal implications for drycleaners. Lawsuits from land...

More

February 21, 2014

Key Environmental Bills Stuck in the Legislative Pipeline in Ontario

The Ontario Government is hoping for quick action on four important proposed environmental bills currently stalled on the order paper.  Given ...

More

February 19, 2014

Security for Costs Orders Against Environmental Groups Bolstered by Pointes Decision

Courts are increasingly willing to order security for costs against environmental groups that challenge land developments through judicial review.&...

More

February 12, 2014

MOE Encourages Industry, Municipalities and Conservation Authorities To Implement New Voluntary “Excess Soil” Guidelines

The Ontario Ministry of the Environment (MOE) has released new voluntary guidelines for the handling, transport and temporary storage of “exc...

More

January 06, 2014

Vapour Intrusion: What You Can't See, Smell, Hear, Taste or Feel Can Hurt You!

When it comes to contaminated property and its impacts to the environment, there is more than meets the eye.

More

December 02, 2013

Feds Imposing New Environmental Enforcement Act Fines Against Dry Cleaners

Environment Canada wasted no time in using its new regulatory powers under the Environmental Enforcement Act.  Dry cleaners across Canada were...

More

November 29, 2013

Vapour Intrusion Can Hurt Your Bottom Line!

Vapour intrusion, though invisible to the eye and inaudible to the ear, gives those who are aware of it, a reason to pause. It's movement, via...

More

October 01, 2013

Who You Gonna Call? Dry Cleaners Facing Civil Claims

The ‘For Sale’ signs on the shopping plaza went up a month ago and your landlord has already received a solid offer. You’ve been ...

More

February 05, 2013

When Complying with the Law in Your Own Backyard Is Not Enough: Cross-Border United States and Canada Environmental Litigation

American Bar Association, Tort Trial & Insurance Practice Section, Winter 2013.

More

January 09, 2013

Experts in Environmental Civil Actions

Environmental litigators find themselves embroiled in a world of disputes where science, engineering and environmental law intersect. These disputes lead to environmental civil claims.

More

May 31, 2012

Ontario Moves to Limit the Risk of Explosions from Installing Geothermal Systems

On April 20, 2012, a contractor drilling a borehole for a geothermal system outside an Oakville client’s home struck a pocket of pressurized ...

More

July 01, 2011

When the Past Won't Stay Buried: Liability for Historic Contamination in a Post-Berendsen World

You likely did it, even if you don’t remember. After all, it was the sixties: little was known about contaminants, the environment or adverse effects. There was no environmental movement, no Earth Day, and no environmental legislation.

More

December 01, 2010

Clamping Down on Greenwashing

More and more consumers are opting for the environmentally friendly, all-natural, non-toxic, dolphin-safe, recyclable alternative. They do not want to waste money on ordinary “eco-junk” that has been tarted up with deceptive or unsubstantiated “green” marketing claims.

More

August 01, 2010

Environmental Mishap Leads to Unwelcome Derivative Claim

From a terrorist attack to an oil well blowout to a serious workplace accident, threats to a company's financial viability come in many guises. Directors and officers have a fiduciary duty to anticipate problems, assess risks, devise an appropriate response strategy, and implement safeguards.

More

April 01, 2010

Real Liability for Environmental Harm

So just how much environmental “hot water” might directors and officers of your corporation find themselves in? This is not a rhetorical question. The answer has real implications for you, your company, and those in charge at the highest ranks.

More

August 01, 2009

Nanotechnology

From ozone layer holes to mutating viruses to radon gas, we are all aware what you can’t see can definitely hurt you. Ultra-small nanoparticles could be the foundation of the next industrial revolution, ushering in a new Star Trek age of molecular manipulation.

More

June 02, 2009

The Long and Winding Road, Municipal Liability for Roadway Contamination

Hazmat Magazine, Spring 2009 by Marc McAree Almost every municipality has contamination under roadways from common sources like gas stations, ...

More

October 01, 2008

Getting the Deal Through Environment 2009

To view this article click on this link: Getting the Deal Through Environment 2009

More

October 20, 2006

Smelly Organic Waste Plant Ordered Closed

To view this article please click the following link: Smelly Organic Waste Plant Ordered Closed.  

More

2014

  • “Ontario Premier Wynne Mandates Environmental and Energy Priorities”, Willms & Shier online: www.willmsshier.com
  • “Castonguay Convicted Again: Ontario Courts Continue To Recognize Section 15(1) EPA ‘Duty to Report’”, Willms & Shier online: www.willmsshier.com
  • “Environmental Management Best Practices for Dry Cleaners—Minimizing Legal Liability and Establishing a Defence”, co-authored by Jacquelyn Stevens, Willms & Shier online: www.willmsshier.com
  • “Key Environmental Bills Stuck in the Legislative Pipeline in Ontario”, Willms & Shier online: www.willmsshier.com
  • “Security for Costs Orders Against Environmental Groups Bolstered by Pointes Decision”, Willms & Shier online: www.willmsshier.com
  • “MOE Encourages Industry, Municipalities and Conservation Authorities To Implement New Voluntary ‘Excess Soil’ Guidelines’”, Willms & Shier online: www.willmsshier.com
  • “Vapour Intrusion: What You Can’t See, Smell, Hear, Taste or Feel Can Hurt You!”, Willms & Shier online: www.willmsshier.com

2013

  • “Feds Imposing New Environmental Enforcement Act Fines Against Dry Cleaners”, co-authored by Jacquelyn Stevens, November/December Fabricare Canada
  • “Who You Gonna Call? Dry Cleaners Facing Civil Claims”, co-authored by Jacquelyn Stevens, September/October Fabricare Canada
  • “When Complying with the Law in Your Own Backyard is Not Enough: Cross-Border United States and Canada Environmental Litigation”, co-authored by Joanna Vince, Winter American Bar Association, Tort Trial & Insurance Practice Section

2012

  • “Experts in Environmental Civil Actions”, The Anatomy of an Environmental Civil Action: Navigating to and through Trial, Ontario Bar Association
  • “Ontario Moves to Limit the Risk of Explosions from Installing Geothermal Systems”, Ontario Bar Association, Environews, Volume 22, No. 1, May 2012

2011

  • “When the Past Won’t Stay Buried: Liability for Historic Contamination in a Post-Berendsen World”, Willms & Shier online: www.willmsshier.com

2010

  • “Clamping Down on Greenwashing”, Canadian Lawyer, In House, December
  • “Environmental Mishap Leads to Unwelcome Derivative Claim”, Canadian Lawyer, In House, August
  • “Real Liability for Environmental Harm”, Canadian Lawyer, April  

Books

Marc McAree and Joanna Vince Write Chapter in ABA’s Book on Brownfields

Marc McAree and Joanna Vince are co-authors of a chapter on Ontario developments for the Second Edition of Implementing Institutional Controls at Brownfields and other Contaminated Sites recently published by the American Bar Association (ABA).

More

News

February 24, 2017

2017 W&S Environmental Law Moot Court Competition

On Saturday, March 4, 2017 Willms & Shier Environmental Lawyers LLP and Osgoode Hall Law School will be hosting the 2017 Willms & Shier Env...

More

December 19, 2016

Marc McAree Named Among the Leading 500 Lawyers in Canada

Congratulations to Willms & Shier Environmental Lawyers LLP partner Marc McAree for his inclusion in the 2017 Lexpert®/...

More

January 05, 2016

Marc McAree Named Among the Leading 500 Lawyers in Canada

Congratulations to Willms & Shier Environmental Lawyers LLP partner Marc McAree for his inclusion in the 2016 Lexpert®/...

More

August 26, 2015

Willms & Shier Lawyers Are Once Again Listed in The Best Lawyers in Canada© 2016

Congratulations to Willms & Shier Environmental Lawyers LLP partners Donna Shier, Marc McAree, Julie Abouchar, Charles (Chu...

More

December 07, 2016

Willms & Shier Lawyers Are Once Again Listed in The Best Lawyers in Canada© 2017

Congratulations to Willms & Shier Environmental Lawyers LLP partners Donna Shier, Marc McAree, Julie Abouchar and Char...

More

July 27, 2015

Canadian Journal of Administrative Law & Practice: Experts in Environmental Litigation

Willms & Shier Environmental Lawyers LLP is proud to announce that Marc McAree’s and Robert Woon's article titled Experts in Environmenta...

More

January 06, 2015

Marc McAree Named Among the Leading 500 Lawyers in Canada

Congratulations to Willms & Shier partner Marc McAree for being selected for inclusion in the 2015 Lexpert™®/American Lawyer Gui...

More

December 03, 2014

Marc McAree Featured as Environmental Lawyer for December 2014 in ELN

We are delighted to announce that Willms & Shier partner and Certified Environmental law Specialist Marc McAree is The Environmental Law Networ...

More

August 25, 2014

Willms & Shier Lawyers Once Again Listed in The Best Lawyers in Canada© 2015

Five Willms & Shier Environmental Lawyers LLP partners have been listed in The Best Lawyers in Canada© 2015. Congratulations to Willms &am...

More

July 07, 2014

Canadian Legal Lexpert Directory 2014

Congratulations to Willms & Shier partners John Willms, Donna Shier, Marc McAree and Julie Abouchar for their inclusion in the 2014 e...

More

June 10, 2014

Willms & Shier Partners Selected Among World's Leading Environmental Lawyers by Who's Who Legal 2014

Congratulations to Willms & Shier Environmental Lawyers LLP partners Charles Birchall, Marc McAree and Donna Shier for being nam...

More

April 29, 2014

OBA's Risk Assessment for Contaminated Land

Marc McAree will be chairing the Ontario Bar Association's program "Risk Assessment for Contaminated Land: Three Years After The July 1, 2011 Amend...

More

April 25, 2014

Marc McAree Speaking at CBA NEERLS Webinar on Cross-Border and Inter-Provincial Environmental Disputes

Marc McAree will be moderating a panel discussing important questions on whether and to what extent the laws of another jurisdiction reach across i...

More

April 25, 2014

Marc McAree Speaking on Vapour Intrusion at the 2014 CBA NEERLS Annual Law Summit

Marc McAree will be speaking at the upcoming 2014 CBA NEERLS Law Summit on "Vapour Intrusion: What you can't see, smell, hear, taste or feel can hu...

More

February 26, 2014

Conference: CANECT 2014 - Waste Management, Air Emissions and Water & Wastewater Programs

Willms & Shier partners and associates are Chairs and speakers at CANECT’s 22nd Annual Conference on Environmental Compliance Essentials....

More

February 21, 2014

Key Environmental Bills Stuck in the Legislative Pipeline in Ontario

The Ontario Government is hoping for quick action on four important proposed environmental bills currently stalled on the order paper.  Given ...

More

February 19, 2014

Security for Costs Orders Against Environmental Groups Bolstered by Pointes Decision

Courts are increasingly willing to order security for costs against environmental groups that challenge land developments through judicial review.&...

More

February 12, 2014

MOE Encourages Industry, Municipalities and Conservation Authorities To Implement New Voluntary “Excess Soil” Guidelines

The Ontario Ministry of the Environment (MOE) has released new voluntary guidelines for the handling, transport and temporary storage of “exc...

More

December 10, 2013

Conference: Canadian Bar Association NEERLS Five-Part Webinar Series

CBA NEERLS Five-Part Webinar Series takes place January 16 to June 10, 2014.  Marc McAree chairs the series and is moderator on Jun...

More

December 02, 2013

Conference: Ottawa Construction Association, January 17, 2014

Join Marc McAree and Charles Birchall at the Ottawa Construction Association's half-day seminar as they discuss today's most pressing environm...

More

November 28, 2013

Conference: Toronto Construction Association, February 12, 2014

Join Marc McAree, Charles Birchall, Matt Gardner and Richard Butler at this half-day seminar as they discuss today's most pressing enviro...

More

November 28, 2013

Conference: Sites & Spills Conference, February 19-20, 2014

Willms & Shier Partners, John Willms, Marc McAree and John Georgakopoulos present on environmental liability and dealing with environ...

More

November 11, 2013

Willms & Shier Partners Listed in Who’s Who Legal: Canada 2013 Directory

Willms & Shier Environmental Lawyers LLP is represented in the Who’s Who Legal: Canada 2013 directory by four practitioners.  S...

More

November 01, 2013

Conference: Willms & Shier Presenting at Envirogate 2013 November 26-27

Envirogate's 20th Annual Conference on Environmental Compliance Essentials will be well-represented by Willms & Shier November 26-27, 2013 ...

More

August 21, 2012

Brownfields: Ontario Proposes Significant Regulatory Changes

Significant changes to Ontario's Brownfields Standards and regulations were posted October 6 for 120 day consultation Here is a link to the EBR notice, that itself includes links to the proposed new standards and regulations.

More

May 31, 2012

Ontario Moves to Limit the Risk of Explosions from Installing Geothermal Systems

On April 20, 2012, a contractor drilling a borehole for a geothermal system outside an Oakville client’s home struck a pocket of pressurized ...

More

February 01, 2012

Marc McAree Quoted in Article - Clearing the Air: Dismissal of Inco Class Action

Marc McAree quoted in the article by Kevin Marron, Clearing the Air: Dismissal ofInco class action will likely head to the Supreme Court and provide more clarity on strict liability in environmental damage cases, Canadian Lawyer January 2012.

More

December 02, 2011

Marc McAree Quoted in Article - Hamilton Wants Federal Money for Airport Cleanup

Marc McAree quoted in the article by Steve Arnold, Hamilton wants federal money for airport cleanup, The Hamilton Spectator, December 2011.

More

December 01, 2011

WHO’S WHO LEGAL Canada: Environment, October 2011. Three lawyers feature from “first rate” environmental boutique Willms & Shier Environmental Lawyers LLP in Toronto

Canada’s rigorous environmental regulations have placed a high premium on the advice rendered by leading lawyers in this discipline, and the sophistication of the national environmental bar is attested to by the 58 practitioners we recognise in this chapter – making it one of the largest in the current edition.

More

November 02, 2011

Marc McAree Quoted in Article - Tribunal Case Sends Shivers

Marc McAree quoted in the article by Judy Van Rhijn - Tribunal Case Sends Shivers, Law Times News, November 2011.

More

Education

  • Called to the bars of Ontario (1995), British Columbia (2008)
  • Certificate of Conflict Management, University of Waterloo (1999)
  • LL.B., Osgoode Hall Law School (1993)
  • Master in Environmental Studies, Environmental Land Use Planning, York University (1993)
  • B.A. (Hons.), Geography and Urban Studies, York University (1989)
  • Chemistry for Environmental Professionals, University of Toronto, Continuing Engineering Education (December 1997)

 

Expertise

"Honest & very helpful. I would recommend this law firm to anyone."

District Social Planning Council