Richard Butler

Partner

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Address:
  • 1 Toronto Street, Suite 900
    Toronto, ON, Canada, M5C 2V6
Phone:
416-862-4837
Email:

Bio

Richard Butler is an environmental lawyer with a primary focus on environmental and natural resource disputes and litigation.

Richard is known for his tenacity, and putting his clients’ concerns and objectives first and foremost. As a reliable advocate, Richard works hard to understand his clients’ business, their risks and their preferred outcomes.

Richard litigates contaminated land and other environmental disputes before all levels of Ontario’s Courts and Tribunals, including the Superior Court of Justice, the Court of Appeal, and the Ontario Land Tribunal. Richard defends environmental charges in environmental, mining and conservation authority matters. He also appeals environmental regulatory orders.

Richard’s goal in every situation is to help clients understand their legal rights and obligations, and all legal and business options available. He is more interested in finding clients solutions than taking entrenched positions, and he has built his reputation as an advocate on his measured approach and creative solutions. He provides clear, thoughtful, forthright opinions. He is not shy about discussing numbers, budgets and timelines, and sticking to them. He wants clients to have all of the information they need up front to make informed and timely decisions.

In addition to litigation, Richard assists clients in a broad range of environmental areas. With particular expertise protecting client interests in land and resource matters, Richard handles conservation authorities matters, mining claims, and advises about environmental regulatory requirements and risk management. He works with clients to respond to spills and discharges. Richard assists clients with matters involving contaminated land, waste and water issues. He also advises about environmental law aspects of business transactions. In compliance and permitting matters, Richard provides advice to clients in a broad range of sectors including mining, agriculture, food, construction, infrastructure and insurance.

Having started his career as a scientist, Richard has an in-depth familiarity with the technical side of environmental law. Having earned degrees in environmental sciences, he began his career as an environmental consultant for Environment Canada and the U.S. Environmental Protection Agency.

Education

  • Called to the bar of Ontario (2006)
  • LL.B., Osgoode Hall Law School, York University (2005)
  • M.Sc., Environmental Geography, Queen’s University (2001)
  • B.Sc. (Hons.), Environmental Science, Queen’s University (1998)

 

Organizations

  • Law Society of Ontario—member
  • The Advocates’ Society—member
  • Canadian Bar Association—member
  • Ontario Bar Association—member
  • Prospectors and Developers Association of Canada—member
  • Defence Research Institute—member
  • Scouts Canada—volunteer and colony leader
  • Canadian Institute of Mining (CIM)—member
  • Osgoode Hall Law School—Adjunct Professor of Environmental Law

 

News

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Work Highlights

  • Environmental & Natural Resource Law: Environmental Risk Management for REIT

    Provided legal advice to a Real Estate Investment Trust on one of its portfolio properties. Advised the client on potential environmental liabilities, including regulatory and civil liability, associated with contaminated property. Supported the client during investigations and remediation.

  • Environmental & Natural Resource Law: Brownfield Environmental Risk Assessment

    Assisted with the pre-purchase due diligence of contaminated property. Reviewed Phase One and Phase Two Environmental Site Assessments to assist client with risk analysis and remediation costs.

  • Administrative Appeals & Hearings: Noise and Vibration

    Represented a transit authority with noise and vibration issues. Assisted with complex investigations of infrastructure to ensure ongoing compliance reporting obligations to the environmental regulator.

  • Administrative Appeals & Hearings: Mine Closure Plan for Tailings

    Represented a mining company before the Ontario Mining and Lands Commissioner to successfully appeal a Mine Closure Order by the Ministry of Northern Development and Mines. Amending forms of Order.

  • Administrative Appeals & Hearings: Waste Management

    Represented a municipality before Ontario’s Environmental Review Tribunal, appealing an Order for remediation.

  • Defence of Environmental Regulatory Prosecutions: Reduced Fine for Waste

    Defending charges against a client in Western Canada operating in Ontario. Successfully negotiated minimal fine for charges relating to biomedical/pathogenic waste.

  • Defence of Environmental Regulatory Prosecutions: Resolution of Alleged Sewer Discharge

    Represented a condominium developer against allegations of sewer discharge. Negotiated a resolution that included minimizing the number of charges and reduced fines per charge.

  • Defence of Environmental Regulatory Prosecutions: Discharge of Gas

    Defending a construction company against charges under the Ontario Environmental Protection Act for the discharge of gas. Representing the client before the Ontario Court of Justice, including settlement negotiations.

  • Defence of Environmental Regulatory Prosecutions: Management of Investigation

    Acted for a large-scale meat packaging company over the condition and operation of its facilities, including responding to CFIA and Ministry of the Environment inquiries. Able to avoid prosecution through negotiation with regulatory agencies.

  • Civil Litigation: Migration of Petroleum Hydrocarbons

    Represented a plaintiff in a civil lawsuit for PHC contamination that migrated to client’s property from a former gas station. Managed environmental investigations and remediation.

  • Civil Litigation: Contamination at Former Industrial Site

    Defended a multi-national industrial client with a former industrial property. Responded to allegations of soil and groundwater contamination, resulting in the withdrawal of the claim against the client.

  • Civil Litigation: Protecting Mining Tenure

    Represented a mining and exploration client to protect its interest in mining claims in the Ring of Fire in northern Ontario. Successfully resisted a challenge to the validity of the mining claims and maintained the client’s mining tenure.

  • Civil Litigation: Insurance Coverage Opinion

    Provided an opinion on the underwriter’s duty to defend and duty to indemnify. Examined facts for contaminated land and allegations of groundwater contamination onto neighbouring properties. Reviewed insurance contract to determine a cost-effective response.

  • Civil Litigation: Damage Control for Storage Tank Spill

    Acted for a large industrial manufacturer, assisting with the environmental investigation and remediation of a spill from an onsite underground storage tank. Assisted with the ongoing monitoring and remediation of groundwater, resolved civil litigation with neighbours, and responded to a regulatory Order for remediation and monitoring.