Richard is a Partner with Harper Grey, co-chair of our Environmental Law Group, and an active member of our Commercial Litigation Group.
An accomplished author, Richard has co-authored two books. The first, British Columbia Environmental Management Legislation & Commentary, a guide to the regulation of contaminated sites and, the second, Halsbury’s Laws of Canada – Environment (2022 Reissue). He is a former adjunct professor of law at the University of British Columbia, and often speaks at continuing education and industry conferences on environmental issues.
Richard provides advice on liability issues arising under the Environmental Management Act, the Contaminated Sites Regulation and other provincial and federal environmental statutes. He advises industrial and commercial enterprises of all kinds, 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 emergencies and quasi-criminal charges.
Richard is the former Managing Partner of the firm, recently completing a six year term.
Originally from Regina, Richard usually spends part of his summer vacation with his young family at their lakeside cabin in Saskatchewan.
Work on behalf of corporations
- Remediation advice
- Remediation cost recovery
- Spill and emergency response
- Share and asset transactions
- Commercial real estate transactions
- Director and officer liability
- Parent and subsidiary liability
- Due diligence
- Negotiating environmental liability, risk and responsibility
- Negotiating issues related to contaminated land on Aboriginal territory
- Advice regarding the development of contaminated lands
- Advice regarding air, water, soil and other pollution issues
- Corporate governance and structure related to managing environmental risk
- Environmental provisions in contracts, leases, indemnities and releases
- Landowner/tenant issues respecting contamination
- Criminal and quasi-criminal environmental investigations and charges
- Government ordered remediation and/or investigation
- Certificates of Compliance
- Federal and Provincial regulatory advice
Work on behalf of the environmental industry
- Acting for environmental consultants and contractors alleged to have been negligent
- Advising consultants on legal 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
Significant Cases
- 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 a matter considered 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 the 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
Representative Experience
- 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
- Lead counsel for CN Rail in a matter considered 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 the 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)
- 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
Education
- University of British Columbia, LL.B., 1992
- University of Regina, B.Ed. (With Distinction), 1989
Bar Admissions
- British Columbia, 1993
- Saskatchewan, 1996
Leadership
- 4th Edition of British Columbia Environmental Management Legislation & Commentary, LexisNexis® Canada, Author (2016)
- CLEBC – Environmental Law Conference, Past Co-Chair (2013)
- Halsbury’s Chapter on Environmental Law, Author (2022)
- Harper Grey Environmental Law Group, Co-Chair
- Harper Grey, Former Managing Partner (2012 – 2018)
- Harper Grey Mentoring Program, Mentor
- Harper Grey Practice Management Committee, Former Member
- Quickscribe Services Ltd., Environmental Law Expert Annotations (2014 – current)
- PBLI: Dealing with Contaminated Land in British Columbia Workshop, Past Chair (2014)
- UBC Faculty of Law, Environmental Law, Former Adjunct Professor
- UBC Faculty of Engineering on environmental issues, Guest lecturer
Membership
- BC Expropriation Association, Member
- BC Environmental Industry Association (BCEIA), Member
- Canadian Bar Association, BC Branch Subsections, Member:
- Aboriginal Law (Vancouver)
- Administrative Law
- Civil Litigation (Vancouver)
- Construction Law
- Environmental Law
- Insurance Law
- Law Practice Management
- Municipal Law
- National Environment, Energy and Resources Law
- Natural Resources Law
- Real Property (Vancouver)
- Canadian Urban Institute, Member
- Environmental Managers Association of BC (EMABC), Member
- Ontario Bar Association (OBA), Environmental Subsection, Member
- The Law Society of British Columbia, Member
