Marc McAree

Partner

Certified Specialist in Environmental Law by The Law Society of Ontario

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Address:
  • 1 Toronto Street, Suite 900
    Toronto, ON, Canada, M5C 2V6
Phone:
416-862-4820
Email:

Bio

Noted for his perseverance, hands-on approach and pragmatism, Marc McAree goes the extra mile to deliver decisive results for clients.

He prioritizes building strong relationships with clear communications based on forthright legal advice. Marc enjoys building rapport with clients and this helps him learn the nuances and complexities associated with their businesses and environmental matters. Having now practiced environmental law for over 25 years, Marc knows what it takes to craft successful strategies and outcomes for clients.

As a Law Society of Ontario Certified Specialist in Environmental Law, Marc leads a litigation practice where he takes on civil lawsuits, judicial reviews, appeals of regulatory orders and approvals, and defence of regulatory prosecutions. He has and continues to represent clients at all levels of Ontario Courts and before administrative tribunals. When preferred by the litigants, Marc brings considerable experience to negotiating favourable settlements for clients.

In addition to litigation, Marc advises clients about various environmental matters involving contaminated land, excess soil, nuisances, discharges, spills, approvals, risk mitigation, insurance, day-to-day compliance, and due diligence. Marc helps clients navigate environmental aspects of land purchases and sales, share purchases and sales, asset purchases and sales, leases and financings. Uniquely, Marc has a subspecialty in on-road vehicle emissions including compliance with U.S. Environmental Protection Agency (U.S. EPA) and California Air Resources Board (CARB) emission standards in Canada, and resulting regulatory investigations and enforcement actions.

A trusted and respected name in environmental law, Marc has earned a reputation for leaving no stone unturned as he helps clients achieve their objectives. He does not shy away from challenging issues, and he strives to deliver effective and commercially-reasonable solutions.

Marc has been celebrated for his work by being named for several years now by Lexpert as one of the Leading 500 Lawyers in Canada, and also has and continues to be honoured by his peers by being named one of the Best Lawyers in Canada for environmental law. Lexpert has specifically identified Marc as a top environmental lawyer in Canada.

Education

  • Called to the bar of British Columbia (2008)
  • Certificate of Conflict Management, University of Waterloo (1999)
  • Chemistry for Environmental Professionals, University of Toronto, Continuing Engineering Education (December 1997)
  • Called to the bar of Ontario (1995)
  • 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)

Organizations

  • The Law Society of Ontario—Member, 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-)

 

News

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Work Highlights

  • 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.

  • 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 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.

  • 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.

  • 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.

  • 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.