Canadian Lawyer

November/December 2019

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 57 L AW Y ERS: 20 OFFICE S: Toronto Ottawa Calgar y Yellowknife PR AC T ICE A RE A S: Indigenous Law Energy Law Environmental Law Litigation Nor thern Canada DONNA SHIER 1977: Hired by John Willms for par t-time research and writing work 1978: Called to bar manufacture something," she says. In her 40-year practice, Shier has seen environmental law become much more complicated, with multiplying rules and regulations. Because of the complexity, she now finds herself explaining to clients that they can expect "different outcomes depending on the nature of the legal forum you're in front of." In one case, Willms & Shier's client Control Chem Canada was charged with five offences after an employee mistakenly dumped, into a storm drain, 3,000 litres of liquid containing aluminum chloride hydroxide sulphate. The company successfully defended itself by pleading due diligence, Shier says. Established from the 1978 Supreme Court of Canada case R. v. Sault Ste. Marie, according to the due diligence defence, a company is protected from liability if it can show it did everything in its power to prevent the occurrence. Shier contrasts the Control Chem case with another client, which appealed an order from the provincial government to clean up a contamination that occurred on a property on which it was a tenant. Though that party was not responsible for the contamination, the Court of Appeal affirmed the order because the due diligence does not apply to an order from the provincial environment ministry. WILLMS & SHIER ENVIRONMENTAL LAWYERS LLP

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