Bio
Matthew Gardner is a partner practicing environmental law and environmental litigation, with a focus on defending regulatory prosecutions, appealing environmental orders and litigating environmental claims. Matthew is called to the Bar in Ontario and Alberta.
Environmental Litigation
Matthew regularly appears before the Ontario Superior Court of Justice, the Ontario Court of Justice, the Ontario Environmental Review Tribunal and the Ontario Energy Board.
- Environmental civil litigation
- Defence of environmental regulatory prosecutions
- Environmental administrative appeals and hearings
Matthew represents plaintiffs and defendants involved in environmental disputes and negotiates settlements before and in the early stages of litigation, where possible. Matthew also assists clients under inspection or investigation by federal and provincial environmental regulatory authorities, and defends charges brought by these authorities.
Environmental Law
Matthew provides advice and solutions to clients about environmental due diligence and compliance.
Energy and Natural Resources Law
Matthew represents intervenors before the Ontario Energy Board in natural gas and electricity matters.
Prior Environmental Experience
Matthew has a B.Sc. degree in marine and freshwater biology. Matthew also volunteered with the University of Calgary’s Environmental Law Society, coordinating field studies and organizing presentations to municipal councils in Alberta regarding the environmental impact of free trade agreements.
Clients
- Industrial companies
- Municipalities
- Insurers and financial institutions
- Land developers, property owners, landlords and tenants
- Energy and renewable energy companies
- Construction companies
- Non-governmental associations
- Individuals
Representative Work
Environmental Law
- Environmental Due Diligence and Contaminated Site Advice to Property Owner/Developer— Assisted an owner and developer of residential, commercial and light industrial properties with a due diligence review of over 50 properties. Advised about options for properties with soil and/or groundwater contamination. Guided the client through the Ontario Ministry of the Environment and Climate Change’s Risk Assessment process.
- Environmental Coverage Opinion for Insurer—Drafted insurance coverage opinion for and represented an insurer in responding to a fuel loss at a service station that migrated into subsurface soils and groundwater.
Environmental Litigation
- Release of Ammonia Gas by Food Processing Company—Defended a national food processing company against a charge laid by the Ontario Ministry of the Environment and Climate Change under Ontario’s Environmental Protection Act following the release of ammonia gas. The release occurred in an industrial/commercial setting, adjacent to a residential area and led to complaints from nearby businesses and residents.
- Corporate Directors and Officers Ordered to Clean-Up Waste—Representing former directors and officers of a company ordered by the Ontario Ministry of the Environment and Climate Change to clean up waste stored at a property that is no longer owned by the company.
- Settlement of Civil Action About Contaminated Land—Assisted a commercial business to negotiate a complex settlement early in the litigation process relating to contamination of a nearby property.
Energy Advocacy
- Represented a number of Intervenors before the Ontario Energy Board in natural gas and electricity matters, including electricity transmission and distribution projects, natural gas pipeline projects, electricity and natural gas policy reviews, and proceedings for both electricity conservation and demand management and natural gas demand side management programs.