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Environment • Aboriginal • Energy

Matthew Gardner

Associate

T: 416-862-4825  E: mgardner@willmsshier.com

Bio

Matthew Gardner is an associate lawyer 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 of Ontario.

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.

 

 

 

 

 

Recognition

Organizations

  • Canadian Bar Association—member
  • Ontario Bar Association—member and editor of Environews
  • Hamilton-Halton Construction Association—Education Committee member
  • Canadian Oil Heat Association—member
  • Burlington Chamber of Commerce—member
  • Law Society Upper Canada—member
  • Law Society of Upper Canada Foundation—Lawyers Feed the Hungry Program—volunteer

 

Speaking Engagements

June 21, 2018

Hamilton-Halton Construction Association: Managing Excess Soil

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May 10, 2018

CANECT 2018 - Managing Water & Wastewater Issues

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April 03, 2018 to April 05, 2018

EnviroTech 2018

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September 28, 2017

OBA - Young Lawyers Division: Mastering Due Diligence

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October 04, 2017

The Law Society of Upper Canada: The Six-Minute Environmental Lawyer 2017

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March 21, 2017

Environmental Law: How Are You Impacted? (St. Catharines Session)

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March 28, 2017

Environmental Law: How Are You Impacted? (Kitchener Session)

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April 27, 2017 to April 28, 2017

CBA Environmental, Energy & Resources Law Summit

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February 08, 2017

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

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November 22, 2016

Hamilton-Halton Construction Association: Managing Excess Soils

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October 13, 2016

Connecting Climate Change to Brownfield Redevelopment, RemTech 2016

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June 09, 2016

Cleaner Heat / COHA Annual Conference: Cleaner Heat Light Up The Future

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April 21, 2016 to April 22, 2016

ICSC 2016 Canadian Shopping Centre Law Conference: Breakfast Roundtables

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November 18, 2015

University of Toronto Environmental Law Club Career Panel

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November 05, 2015

OBA Passport Series: Best Practices for Environmental Management Systems

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October 14, 2015

Managing Environmental Liabilities: Brownfields Case Law Update, RemTech 2015

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September 30, 2015

Canadian Oil Heat Association - Ontario Chapter - Annual General Meeting

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September 28, 2015

LSAC Toronto Forum: "What Do Lawyers Do?"

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June 18, 2015

Cleaner Heat / COHA Annual Conference: Fuel Oil Industry Environmental Liability - Pitfalls, Perils & Risk Management

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March 27, 2014

ICSC 2014 Canadian Shopping Centre Law Conference: Breakfast Roundtables

More
February 12, 2014

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

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January 22, 2014

ALS Environmental Education Seminar: Reducing Risks - Improving Your Bottom Line

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April 10, 2013

AON Property Owners' Roundtable - Environmental Risk Management

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  • Gas and Service Station Law for Environmental Lawyers: Filling Up with Premium Information, Ontario Bar Association, October 6, 2011
  • Articles

    May 08, 2018

    Key Developments in Environmental Law 2017 Edition

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    December 22, 2017

    Alberta Update: When Does a Plaintiff Lose the Right to Sue for Historic Contamination?

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    May 03, 2017

    Tips for Homeowners – What to do if you Find an Underground Fuel Oil Tank in Your Backyard

    More
    December 06, 2016

    Rubin v MOECC: Balancing Environmental Protection and Financial Hardship

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    October 21, 2016

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

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    July 26, 2016

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

    More
    April 27, 2016

    Alberta’s New Remediation Requirements In Effect On May 1, 2016

    More
    April 27, 2016

    Alberta’s Environmental Site Assessment Standard – New Guidance For Consultants and Property Owners

    More
    February 23, 2016

    Insurer off-the-hook for Release of Pollutants Caused by Fire

    More
    August 20, 2014

    Thornhill v Highland Fuels Reinforces Need for Tank Installers and Fuel Suppliers to Follow Statutory Requirements and Fuel Oil Code

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    April 02, 2014

    Ontario’s Proposed Invasive Species Act, 2014

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    January 13, 2012

    Turbine opponents whistling in the wind?

    Last summer, the Environmental Review Tribunal dismissed the first appeal of a renewable energy approval (REA) for a wind turbine project in its decision Erickson v. Director, Ministry of the Environment. The tribunal acknowledged the appellants presented evidence about the risk of wind turbines in general, but did not provide enough evidence about the risks posed by the project in question.

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