Jennifer Fairfax

Jennifer Fairfax provides business-critical environmental and regulatory advice, with a specialty in environmental law and litigation. Jennifer also practices commercial and construction litigation and dispute resolution.

Jennifer has significant experience conducting negotiations with, and making representations to, regulatory bodies, including the Ontario Ministry of the Environment, assisting clients with inspections, investigations and reporting obligations, as well as conducting environmental litigation, including civil actions/applications, judicial reviews, administrative tribunal proceedings, and defence of prosecutions.

Jennifer also provides regulatory and environmental advice relating to environmental assessments, regulatory orders, corporate transactions, permits and approvals, waste and soil, contaminated lands, renewable energy projects, and regulatory compliance.

Jennifer litigates business-critical issues in environmental law, construction disputes, complex contractual / negligence disputes, insurance disputes, commercial arbitrations, and constitutional law. She has broad advocacy and trial experience and has appeared before the Ontario Superior Court of Justice, the Ontario Divisional Court, the Ontario Court of Appeal, the Federal Court of Canada, the Federal Court of Appeal, and the Ontario Environmental Review Tribunal. Jennifer has also acted as lead appellate counsel in constitutional litigation. Jennifer is the past Chair of the executive of the OBA Environmental Law Section. Prior to joining Osler, Jennifer clerked for The Honourable Justice Edgar Sexton with the Federal Court of Appeal.


Representative Work

  • Béton Provincial

    Béton Provincial in its acquisition of CRH Canada Group Inc.

  • iCON Infrastructure

    iCON Infrastructure in its investment in QSL

  • General Motors

    General Motors in its US$150 million equity investment in Nouveau Monde Graphite

  • SK On

    SK On in connection with an $1.2 billion investment with Ford and EcoPro BM in the Province of Québec

  • First Quality Enterprises LLC

    First Quality Enterprises in its acquisition of Domtar’s Pulp and Paper Mill in Dryden, Ontario

  • CNH Industrial

    CNH Industrial in its agreement to acquire Hemisphere GNSS for $175 million

  • Nichi-Iko Pharmaceutical Co., Ltd

    Nichi-Iko Pharmaceutical Co. in its US$ 100 million sale to Ellimist Singapore Pte. Ltd.

  • Deutsche Bank AG

    Algoma Steel Inc. and certain senior secured term lenders in Canada in Algoma’s acquisition of substantially all the assets of Essar Steel Algoma in connection to a restructuring under the CCAA

  • Syndicate of lenders and the underwriters

    The syndicate of lenders and the underwriters in connection with Brookfield Infrastructure’s $4.31 billion acquisition of Enbridge Inc.’s Western Canadian Midstream Business

  • Investors led by BC Partners and Ontario Teachers’ Pension Plan

    Investors led by BC Partners and Ontario Teachers' Pension Plan in the $5.125 billion recapitalization of GFL Environmental Inc.

  • TC Energy

    TC Energy in the sale of its Ontario solar portfolio to Axium Infinity Solar LP for approximately $540 million

  • Lenders and Underwriters

    Lenders and underwriters in the acquisition of Dominion Diamond Corporation by Washington Companies Corp.

Regulatory / Environmental Advice, including Negotiating with Government Regulators and Third Parties (Avoiding Litigation)

  • A US corporation in ongoing negotiations of a complex, multi-party settlement and remediation agreement to resolve orders issued by the Ontario Ministry of the Environment and Climate Change relating to orphaned landfills, including direct negotiations with Ministry representatives and third parties
  • A Canadian receiver in ongoing communications with inspectors/officers at Environment Canada, acting as the liaison for the client, making written and oral representations arguing against the imposition of possible directions and orders, negotiating resolutions, and addressing issues relating to the environmental condition of the sites
  • An international oil company in an odour investigation being conducted by a Provincial Officer of the Ministry of the Environment, including direct communications with the Ministry
  • A global (aluminum and plastic) manufacturing corporation with issues relating to the remediation of contaminated lands and legal advice regarding environmental indemnity risks and obligations
  • A global engineering and manufacturing group with issues relating to the investigation and remediation of contaminated lands and legal advice regarding environmental liability
  • An international manufacturing and distribution company in providing regulatory advice regarding environmental disposal and waste management practices in the Province of Quebec
  • A private company in providing regulatory advice regarding environmental waste management, transportation, and disposal in the Province of Ontario
  • A private corporation in providing regulatory advice regarding the proposed new Ontario Waste Reduction Act
  • Numerous clients, including U.S. clients with Canadian operations or prospective Canadian operations including those in the mining sector, with corporate governance, mergers and acquisitions, restructurings, financings, public offerings and other corporate transactional advice on environmental matters, including due diligence, advice regarding regulatory/environmental liabilities, drafting terms and conditions, and tactical advice

Environmental Litigation (Both Civil and Regulatory)

  • Suncor Energy Products Inc. in a judicial review application before the Ontario Divisional Court concerning alleged environmental cumulative effects in Sarnia and involving various allegations of Charter breaches relating to the harm or risk of harm from exposure to pollutants
  • Greater Toronto Airports Authority in litigation involving the alleged disposal and use of contaminated fill material on private property
  • An American consulting firm in an active lawsuit involving negligence issues relating to the decommissioning of contaminated lands, including issues relating to professional liability, standard of care, pure economic loss, and the alleged stigma of contamination
  • A transportation services company in defence of a prosecution alleging breaches of the Environmental Protection Act in relation to the transportation of allegedly hazardous waste without an environmental compliance approval
  • A US corporation in an active appeal to the Ontario Land Tribunal from an order issued by the Ontario Ministry of the Environment relating to orphaned industrial landfills
  • A Canadian transportation/distribution company in litigation involving allegations relating to the alleged presence of designated and hazardous substances in a commercial building
  • An international oil company in an environmental lawsuit involving issues relating to the migration of petroleum contamination, nuisance, negligence, remediation, and property value
  • A waste and recycling company in an active contractual dispute resolved via private arbitration

Construction / Commercial Litigation

  • A Canadian Crown corporation in various active contractual and insurance disputes, both via arbitration and the courts
  • An Ontario municipality in active litigation relating to the reconstruction of a historical building
  • Various Ontario companies in an ongoing breach of contract and negligence dispute relating to defective design and construction in a development project
  • A private non-profit corporation in a complex, multi-party Ontario action involving allegations of negligence and breach of contract relating to a construction project
  • A private corporation in a long Ontario trial involving claims by a former senior executive for equity entitlement and significant monetary damages
  • An international manufacturing company in an Ontario action commenced by a supplier who seeks damages for alleged fundamental breach of contract
  • A Canadian company in a long-standing dispute with its international insurers, involving events spanning thirty years and complex issues relating to recoverability
  • An international corporation in a license software contractual dispute via private arbitration
  • An American company in an Ontario action involving allegations of conspiracy, fraud and oppression, which focused on the propriety of the Ontario courts assuming jurisdiction over the dispute
  • General Motors of Canada in a proposed class action by retired employees (Vernon v. General Motors of Canada Ltd., [2005] O.J. No. 486 (C.A.))
  • Beaverbrook Art Gallery in a public arbitration regarding the ownership of works of art valued in excess of $100 million, located at the Beaverbrook Art Gallery in Fredericton, New Brunswick. Obtained the largest costs award in Canadian history ($4.8 million)

Latest Insights

  • Osler Update Jun 27, 2024

    B.C.’s forever litigation: first tobacco, then opioids, now ‘forever chemicals’

    On June 21, 2024, the B.C. government filed a proposed national class action in the Supreme Court of British Columbia against manufacturers of...

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    B.C.’s forever litigation: first tobacco, then opioids, now ‘forever chemicals’
  • Blog Feb 12, 2024

    Ontario releases new regulations for carbon storage

    New regulations in Ontario pave the way for carbon storage demonstration projects using private wells. Richard King, Jake Sadikman, Jennifer Fairfax,...

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    Ontario releases new regulations for carbon storage
  • Osler Update Jan 5, 2024

    Regulation of ‘forever chemicals’ (PFAS) in Canada

    The federal government recently announced its intention to designate PFAS as a class of toxic substances under CEPA.

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    Regulation of ‘forever chemicals’ (PFAS) in Canada
  • Blog Jan 2, 2024

    Zero-emission vehicles regulation under the Canadian Environmental Protection Act

    On December 20, 2023, the federal government announced new regulations that will require 100% of light-duty vehicles offered for sale in Canada to be...

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    Zero-emission vehicles regulation under the Canadian Environmental Protection Act
View all Insights

Awards and Recognition

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Environmental Law
  • Chambers Global: The World’s Leading Lawyers for Business: Recognized in Environmental Law
  • The Canadian Legal Lexpert Directory: Recognized in Environmental Law; Canada’s top environmental lawyers in 2021
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Recognized in Environment
  • Best Lawyers in Canada: Recognized in Environmental Law
  • Legal 500: Recognized as a Leading Individual in Environment
  • Who’s Who Legal: Recognized in Canada – Environment

Media Mentions

  • Media Mentions Feb 13, 2024

    Climate change-related litigation grew in volume and diversity in 2023: Osler’s Jennifer Fairfax – Canadian Lawyer

    Osler’s Jennifer Fairfax told Canadian Lawyer magazine that even though climate-change litigation is “in its infancy” in Canada it is a growing...

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  • Osler News Jan 9, 2024

    34 Osler lawyers recognized in 2024 Lexpert/American Lawyer Guide to Leading 500 Lawyers in Canada

    Osler is pleased to announce that 34 of our lawyers have been recognized in the 2024 edition of the Lexpert/American Lawyer Guide to the Leading 500...

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  • Osler News Sep 25, 2023

    22 Osler lawyers recognized in Lexpert Special Edition: Energy 2023

    Osler is proud to announce that 22 of our lawyers are featured in the Lexpert Special Edition: Energy 2023, recognizing leading lawyers in the oil...

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  • Osler News Jun 15, 2022

    25 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2022

    Congratulations to 25 of our lawyers for their inclusion in the Lexpert Special Edition: Infrastructure 2022.

    Read more
View all

Community Involvement

  • Two separate appeals to the Federal Court of Appeal regarding the constitutional validity of the medical expense tax credit, per s. 15 of the Charter
  • Representation of a parent/child in a dispute with a school board relating to the child’s special education and required accommodation for Autism
  • Canadian Celiac Association, Legal Assistance
  • Law Help Ontario/Pro Bono Law Ontario, Duty Counsel Volunteer
  • Amnesty International

Speaking and Writing

Speaking Engagements

  • University of Toronto Civil Engineering Course, CIV1299 (CIV580) – Winter 2017.
  • Speaker, Environmental Considerations & Impacts – A Legal Perspective, March 15, 2017.
  • REAL Group: Navigating Ontario’s New Cap-and-Trade Regime. Chair, Toronto, February 22, 2017.
  • Ontario Bar Association’s Institute 2017:  Speaker, New Developments in Environmental Law, Toronto, February 8, 2017.
  • MOECC Cap & Trade Program Part II: A Deeper Dive into Climate Change Legislation, Toronto, November 29, 2016, Chair.
  • Advanced Roundtable for Environmental Law Practitioners, Ontario Bar Association, June 4, 2015 (Co-Chair).
  • Using Experts Successfully at Environmental Hearings, Anatomy of an Environmental Regulatory Challenge Passport Series, The Canadian Bar Association, April 2, 2015 (Program Chair).
  • Ontario’s Proposed Anti-SLAPP Legislation – The Devil is in the Details, ADR Institute of Ontario, February 18, 2015 (Speaker).
  • Managing New Environmental Quagmires – Perspectives from the Litigation, Regulatory and Transactional Contexts, Ontario Bar Association Institute, February 4, 2015 (Speaker).
  • What it Takes to be a Cutting-Edge Environmental Lawyer, OBA Environmental Law/Young Lawyers Division mentoring dinner, October 3, 2013 (Speaker).

Published Work

  • “Rougher Waters to Come for Environmental Class Actions:  Will Class Action Plaintiffs Rage Against the Dying of the Light?, by Jennifer Fairfax and Patrick Welsh, in Key Developments in Environmental Law, 2015 Edition, Chapter 5 (Toronto: Carswell, 2015).
  • Order Uncertainty:Are Courts Favouring Regulatory Orders Over Civil Claims to Achieve Environmental Protection? An examination of recent jurisprudential trends, by Dan Kirby, Jennifer Fairfax and Patrick Welsh, in Key Developments in Environmental Law, 2014 Edition, Chapter 5 (Toronto: Carswell, 2014).
  • Balancing Caution and Pragmatism, Federal Court Finds “Gaps” in Darlington Environmental Assessment, Revokes Licence and Orders Reconsideration, Energy Regulation Quarterly, September 15, 2014 (co-author).
  • Sufficient Certainty? The Supreme Court of Canada Rules on Whether an Environmental Order Against an Insolvent Company Can be Stayed: Newfoundland and Labrador v. AbitibiBowater Inc., by Daniel Kirby, Edward Sellers, Jennifer Fairfax and Patrick Welsh, in Key Developments in Environmental Law, 2013 Edition, Chapter 1 (Toronto: Carswell, 2013).
  • New Disclosure Obligations in the Federal Environmental Enforcement Act May Undermine Meaningful Disclosure, by Dan Kirby, Andrew MacDougall and Jennifer Fairfax, Chapter 2, Key Developments in Environmental Law, 2010 Edition (Canada Law Book, 2010).
  • ’Fairness’ Principle Overturned by Environmental Review Tribunal – the Pendulum Swings Yet Again, by Jack Coop and Jennifer Fairfax, Chapter 6, Key Developments in Environmental Law, 2010 Edition (Canada Law Book, 2010).

Credentials

Education

  • Osgoode Hall Law School, LL.B.
  • Queen's University, B.A. (Hons.)

Languages

  • English

Professional Affiliations

  • Canadian Bar Association
  • Ontario Bar Association: past Chair, Environmental Law Section Executive
  • Law Society of Ontario
  • Advocates Society
  • York University, Osgoode Written Advocacy Workshop
  • York University, Osgoode Intensive Trial Advocacy Workshop