Jacquelyn Stevens is a partner and certified specialist in environmental law with significant expertise representing a wide range of clients in civil and regulatory litigation. Jacquelyn is called to the bars of Ontario and Alberta.
Jacquelyn appears before the Ontario Environmental Review Tribunal, the Ontario Provincial Court, Ontario Superior Court of Justice and the Ontario Court of Appeal.
- Environmental civil litigation
- Defence of environmental regulatory prosecutions
- Administrative appeals and hearings
Jacquelyn prosecutes and defends environmental lawsuits. She advises on cross-boundary migration of contamination and remediation options during civil litigation. Jacquelyn also has significant expertise litigating contamination issues at dry cleaning operations and gas stations.
Jacquelyn acts for clients in the defence of quasi-criminal environmental prosecutions by regulatory authorities. She also appears before administrative tribunals on appeals of regulatory orders and approvals.
Jacquelyn provides effective advice and solutions to clients about environmental due diligence and compliance, brownfields/contaminated site remediation, environmental approvals for air, odour, noise and waste.
Jacquelyn advises both private sector and First Nations clients on Aboriginal environmental law issues.
Prior Environmental Experience
Jacquelyn has degrees and prior experience in earth sciences, geology and ecology:
- Exploration field geologist for a resource exploration company
- Research and exploration geologist for the Geological Survey of Canada
- Remedial Action Plan Technician for the Ontario Ministry of the Environment and Climate Change
- Environmental technician for an environmental consulting firm
- Financial institutions
- Land developers, property owners, landlords and tenants
- Dry cleaning operators
- Gas station operators
- Aboriginal communities
- Mining and exploration sector
- Construction sector
- Renewable energy sector
Environmental Civil Litigation
- Settlement for Contamination—Represented plaintiff development corporation in lawsuit concerning contamination that migrated to the client’s property, resulting in a highly advantageous $700,000 settlement in the client’s favour and remediation obligations for the property.
- Migration of Chlorinated Solvents Through Property—Achieved a multi-million dollar settlement after prolonged civil litigation and regulator engagement for a government agency that owns a flow-through contaminated property, with broad indemnification from the former owner of the upgradient source property.
- Defence of Insured Environmental Consultant—Achieved settlement for an insurer defending its insured environmental consultant in a claim for breach of contract and for professional negligence connected with remediation work.
- Motion to Add Manufacturer as Defendant—Representing steel manufacturer to prevent it from being added as a defendant to the plaintiff’s lawsuit about disposal of waste at the plaintiff’s property.
Defence of Environmental Regulatory Prosecutions
- Charges Against Food Manufacturer—Assisted a food manufacturer to respond to environmental regulator charges for Environmental Compliance Approval non-compliance and unlawful discharge of wastewater into a watercourse. Successfully negotiated reduction in the charges and fine.
Administrative Appeals & Hearings
- Recovery of Remediation Costs—Advising a municipality about options to recover remediation costs from a property owner and wastewater contractor for remediation costs for a site. Representing the client before the Environmental Review Tribunal concerning the property owner’s appeal of the municipal Cost Recovery Order.
- Intervention in Pipeline Application—Assisted a conservation authority to intervene in an application by an energy provider to the National Energy Board about the flow of crude oil through a stretch of pipeline on land under the client’s jurisdiction. The NEB adopted into its decision and order much of the client’s evidence, written arguments and key issues raised.
- Drycleaner Sale of Contaminated Land—Assisting a drycleaning operation to assess environmental contamination at the client’s property and to engage with potential developers for the purchase of the property.
- Transaction Options for Manufacturer with Historic Contamination at Property—Assisting manufacturer to review and assess indemnity agreement requiring former owners of the client’s property to conduct environmental remediation at the property. Also considering options for refinancing and sale of the property.
- Remediation and Sale of Contaminated Land—Negotiating terms of sale and environmental remediation requirements for a contaminated property. The potential purchaser is also the plaintiff of the lawsuit against the client, in which we are also representing the client.
- Specific Claim by First Nation—Representing a First Nation in a Specific Claim against the Crown for improper abandonment of natural resource sites on reserve.