Daniel  Kirby

Daniel Kirby, Partner, Environmental and Regulatory

Contact Information

  • tel: 416.862.6661
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Bar Admission

Ontario, 1982

Education

  • Osgoode Hall Law School, LL.B.
  • University of Toronto, B.A.Sc. (Civil Engineering)

Office

Toronto

Language(s)

English

Biography

Dan focuses on environmental law, including remediation and development of contaminated lands; environmental assessment and approvals; advice with respect to commercial transactions; site assessments and compliance audits; corporate disclosure and corporate governance; decommissioning and compliance; air emissions and emissions trading; emergency response assistance; civil litigation; alternate dispute resolution; environmental inspections and investigations. He works extensively with technical experts in a wide variety of fields including remediation, hydrogeology, contaminant computer modelling, contaminant transport, environmental health, transmission lines, pipelines,  air quality, noise, hydrology, water treatment and supply, wastewater treatment; renewable energy; transportation, mould, asbestos, indoor air quality, aviation, geotechnical, planning, agriculture, biology, social impact analysis and economics. Dan has extensive experience before the courts and various boards and tribunals as well as public consultation techniques and ADR.

Notable Matters

  • MEGA Brands in connection with its proposed US$460 million acquisition by Mattel.
  • Major oil company on remediation, liability and dispute issues on 100s of contaminated properties.
  • Numerous international manufacturers on chlorinated solvent contaminant remediation and risk assessments.
  • Atomic Energy Canada Limited with legal advice regarding numerous environmental matters including the application of the Canadian Environmental Assessment Act to various projects, nuclear licensing issues, application of federal and provincial regulations to operations.
  • Port Hope Area Initiative Management Office with developing and implementing property value protection program for property value losses due to construction work to be performed to clean-up low level radioactive waste sites in Port Hope.
  • Greater Toronto Airports Authority with remediation of contaminated lands and permitting issues.
  • Hydro One Networks Inc. with advice regarding environmental assessment and permitting of the Bruce to Milton transmission line and the Northwest Transmission Expansion Project.
  • Pristine Power Inc. with advice regarding environmental assessments and permitting on cogeneration, natural gas generation and wind energy projects.
  • Numerous clients with corporate governance, mergers and acquisitions, financings, public offerings and other corporate transaction support on environmental matters, including due diligence, drafting and tactical advice.

Affiliations

  • Canadian Bar Association
  • American Bar Association
  • International Bar Association
  • Air and Waste Management Association
  • Ontario Waste Management Association

Industry Recognition

  • The Best Lawyers in Canada 2014: Environmental Law
  • The Canadian Legal Lexpert Directory 2014: Environmental Law
  • Chamber Global: The World’s Leading Business Lawyers 2014: Environment
  • Who’s Who Legal 2012: Environment
  • Martindale-Hubbell 2011: Environmental Law; Litigation; Administrative Law (BV® Distinguished™)

Publications/Events/Education

  • Ontario Resurrects Proposed Great Lakes Protection Act as Part of Larger Great Lakes Strategy (with P. Welsh, J. Fairfax, J. Coop, Osler Update, February, 2013)
  • Change is in the Air: Ontario Closer to a Cap-And-Trade System (with P. Welsh, J. Fairfax, J. Coop, Osler Update, February, 2013)
  • Mentioned in US Climate Change Report May Shape Canadian Policy by Julius Melnitzer, Legal Post (with P. Welsh, J. Fairfax, J. Coop, Osler Update, February, 2013)
  • U.S. Advisory Committee Releases Draft Climate Change Report for Public Consultation (with J. Coop, J. Fairfax and P. Welsh, Osler Update, January, 2013)
  • Renewable Energy Approval Appeal Proceedings at the ERT: Building Jurisprudence in Wind Appeals – Lessons Learned (with J. Coop, J. Fairfax and L. Rauccio, The Resource, Natural Resources Section, Ontario Bar Association, Volume 13, No. 1, January 2013)
  • When can Environmental Regulatory Orders be Compromised Claims under the Companies’ Creditors Arrangement Act? Supreme Court of Canada Provides Clarification (with J. Coop, E. Sellers, J. Fairfax, M. Paterson and P. Welsh, Osler Update, Osler Update, December 2012)
  • Environmental Risk and Securities Disclosure (8th Annual Environmental Deal-Breakers in Real Estate and Business Transactions, Federated Press, December, 2012)
  • Ontario Court Dismisses Billion Dollar Damages Claim Relating to Moratorium on Offshore Wind Farms (with J. Coop, J. Fairfax and P. Welsh, Osler Update, October 2012)
  • Municipality Held Liable for Another Party’s Pollution (with Jack Coop, Jennifer Fairfax and Lindsay Rauccio, Toronto Law Association Journal, September  2012)
  • Ontario Ministry of Environment Announces Proposed Regulation For Certain Solar Projects Under the EASR (with R. Wong, J. Fairfax, J. Sadikman and L. Bruschetta, Canadian Corporate Counsel Association Newsstand, August 2012)
  • Divisional Court Affirms the Decision of the Environmental Review Tribunal in Kawartha Lakes (with J. Coop, J. Fairfax and L. Rauccio, Osler Update, June 1, 2012)
  • What It`s Really About: Environmental Assessments and Approvals (Site Investigation and Design Course, Department of Geological Engineering, Queen`s University, February, 2012)
  • Working With Consultants On Contaminated Lands (Environmental Deal-Breakers in Real Estate and Business Transactions Conference, January, 2012)
  • Communicating with Regulators – The Dos and the Don’ts (Annual General Meeting, Solid Waste Association of North America (Ontario), November 2011)
  • Environmental Approvals Modernization: A Legal Overview (Environmental Compliance Essentials Conference 2011, Envirogate Event Management, November 2011)
  • Environmental Representations, Warranties and Indemnities in Business Transactions (Six Minute Environmental Lawyer 2011, Law Society of Upper Canada, October 2011)
  • Writing Legally Sensitive Reports (Annual Education Day , Solid Waste Association of North America (Ontario), October 2011)
  • Ontario Court of Appeal Revisits Application of Pollution Liability Exclusion Clauses in Commercial General Liability Policies (with J. MacDonald and D. Mollica, North American Regional Forum News, International Bar Association, Volume 2, Number 2, September 2011)
  • Environmental review Tribunal Confirms Liability of Current and Former Directors for Clean-up Orders (with J. Coop and L. Rauccio, Enviromation Newsletter, Number 70, August 2011)