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Richard has over thirty years of commercial litigation experience, and has become a Canada-wide authority in environmental law.
Richard is the chair of Harper Grey’s environmental law group and a senior member of our commercial litigation group. He is the former Managing Partner of the firm, recently completing two three-year terms.
Consistently recognized as a leader is his field by numerous ranking publications, including Lexpert, Chambers, Best Lawyers, and Benchmark, Richard has established a reputation as one of Canada’s leading environmental law practitioners.
An accomplished author, Richard has co-authored two books. The first, British Columbia Environmental Management Legislation & Commentary, now in its fourth edition, is a guide to the regulation of contaminated sites. The second, Halsbury’s Laws of Canada – Environment (2022 Reissue) is an expansive volume covering most aspects of environmental law across Canada. He is former adjunct professor of law at the University of British Columbia, and often speaks at continuing legal education and industry conferences on environmental and commercial litigation issues.
Richard advises industrial and commercial enterprises of all kinds, including owners of commercial property, developers, parent companies and subsidiaries, municipalities, engineers and consultants, share and asset buyers and sellers, and directors and officers. He has acted in several leading environmental cases, and provides advice to enterprises on a broad range of environmental issues across Canada. Richard has particular strength in resolving issues with regulators, and achieving practical, business-focused results in complex civil and regulatory matters, including the many issues that arise for businesses out of their operations, corporate transactions, spills, and quasi-criminal charges.
Richard also has experience advising clients in aviation disputes. These types of claims are complex, and Richard’s clients rely on him to navigate the unique challenges associated with them, leaning on his in-depth knowledge of regional considerations and access to appropriate experts. Richard’s experience in this space includes acting for airports, air service companies, and the many interests involved in aviation-related incidents and disputes.
While Richard is known as a litigation and regulatory lawyer, he has gained significant experience in alternative dispute resolution. His understanding of the nuances of litigation gives him the foundation and insight to effectively advocate in the mediation and conflict management context.
Originally from Saskatchewan, Richard spends part of his summer vacation with his family at their lakeside cabin on the prairie.
University of British Columbia, LL.B., 1992
University of Regina, B.Ed. (With Distinction), 1989
Remediation advice
Remediation cost recovery
Spill and emergency response
Share and asset transactions
Commercial real estate transactions
Commercial real estate development
Director and officer liability
Parent and subsidiary liability
Due diligence
Negotiating environmental liability, risk, and responsibility
Negotiating issues related to contaminated Indigenous land
Advice regarding the development of contaminated lands
Advice regarding air, water, soil, vapour, noise, and other contamination issues
Corporate governance and structure related to managing environmental risk
Advice regarding environmental provisions in contracts, leases, indemnities, and releases
Access and remediation agreements
Landowner/tenant issues respecting contamination
Criminal and quasi-criminal environmental investigations and charges
Government-ordered remediation and/or investigation
Regulatory appeals
Certificates of Compliance and other ministry instruments
Advice regarding Federal and Provincial regulations and related orders
Acting for environmental consultants and contractors alleged to have been negligent during investigation and/or remediation
Advising consultants on legal and regulatory aspects of remediation of contaminated sites, from initial investigation through risk assessment, pilot studies, and implementation of remedial measures
Preparation of expert witnesses
Drafting and providing advice regarding consultants’ contracts, access agreements, indemnities, and releases
Counsel for Morguard in the Environmental Appeal Board decision Morguard v. Ministry of Environment which addressed numerous issues surrounding the Ministry’s authority to reject Certificate of Compliance applications
Counsel for CN Rail in one of the most influential decisions regarding “responsible person” status of historic owners/operators of contaminated sites; Beazer East Inc., et al. v. British Columbia
Acting for various parties following judgment in a leading case on allocation of costs of remediation; Gehring
Acting for an international distributor in defence of various quasi-criminal charges under the Ozone Depletion Regulation (Federal)
Acting for company charged under protected species legislation
Representing an energy company in a matter before the Environmental Appeal Board regarding the responsibility of individual directors, officers, and employees for corporate liability; Lawson v. Deputy Director Waste Management et al
Representing an energy company in litigation that addressed the preconditions to cost recovery actions; No. 158 Seabright Holdings Ltd. et al v. Imperial Oil Limited et al
Counsel for a pension plan that owns significantly contaminated property on Vancouver Island
Counsel for a corporation dealing with quasi-criminal environmental offences related to release of contamination through specific business practices
Counsel for an amalgamated corporation to determine environmental liability among its various historic corporate parts
Recognition
Commentaries
Select Cases
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