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Jack  Coop

Jack Coop

Partner, Litigation

Key Contact: Regulatory Investigations


Contact Information

jcoop@osler.com

tel: 416.862.4226

Office

Toronto

Bar Admission

Ontario, 1985

Education
  • Osgoode Hall Law School, J.D.
  • University of Manitoba, B.A. (Hons.)
Language(s)
English

Jack specializes in all aspects of environmental litigation: civil actions, prosecutions, class actions, administrative hearings, and judicial review applications, including advice work on how to avoid such litigation and successfully deal with regulators. Jack’s environmental litigation expertise has been refined through more than twenty years as an Ontario Crown counsel and ten years in private practice. As Crown counsel, Jack spent ten years with the Ministry of the Attorney General representing all ministries of the Crown in civil litigation (including civil actions for damages, class actions and judicial review) and ten years with the Ministry of the Environment conducting prosecutions and hearings. As an Osler partner, Jack’s practice focuses on civil actions, judicial review, environmental hearings and the defense of prosecutions. He has litigated in every level of court in Canada, including the Supreme Court. He has written and taught extensively in the fields of environmental law and regulatory liability, including as Adjunct Professor at both the University of Toronto Faculty of Law and Osgoode Hall Law School. Jack is certified by the Law Society of Upper Canada as a Specialist in Environmental Law.

    • Anonymous Renewable Energy Company.  Active defence of a regulatory investigation and prosecution alleging construction-related pollution, under the Ontario Water Resources Act and Environmental Protection Act.
    • Anonymous Apartment Building Owners.  Legal representation on construction tieback agreement with adjacent property, contaminated site cleanup, and civil claim for pollution impacts from another adjacent property.
    • Anonymous Mining Company.  Successful appeal to the Environmental Review Tribunal of a Director’s order against both the company and its officers and directors. Orders withdrawn or settled.
    • Anonymous Government Agency.  Defence of a Rule 14 court application concerning a government run property value protection program for pollution cleanup impacts.
    • Suncor Energy Products Inc. Successfully defended a judicial review application concerning alleged cumulative effects of air pollution in Sarnia, Ontario, and the alleged violation of sections 7 and 15 of the Canadian Charter of Rights & Freedoms.
    • Imperial Oil Limited. Successfully appealed and settled an order by the Technical Standards & Safety Authority under the Technical Standards and Safety Act, 2000 and the Oil and Gas Pipeline Systems Code.
    • R. v. DHL Express (Canada) Ltd.  Successfully defended a prosecution under Ontario’s Environmental Protection Act.
    • R. v. Town of Mattawa. Successfully defended a prosecution under the Ontario Water Resources Act.
    • Ontario Tire Stewardship.  Ongoing advice and representation concerning the Waste Diversion Act and the proposed Waste-Free Ontario Act, 2015.
    • Ontario Waste Management Association.  Ongoing advice and representation concerning the Waste Diversion Act and the proposed Waste-Free Ontario Act, 2015.
    • Toronto Dominion Bank. Successfully defended an order under Ontario’s Electrical Safety Code and the Electricity Act, 1998.
    • Anonymous Client. Successfully concluded a multi-party settlement concerning a proposed Ministry of Environment cleanup order under Ontario’s Environmental Protection Act, and related civil liability claims in respect of historic pollution on and adjacent to an orphaned pulp mill site.
    • R. v. Gorski Bulk Transport Inc.  Successfully defended and settled a prosecution under Ontario’s Ontario Water Resources Act.
    • Guelph General Hospital.  Successfully litigated two administrative hearings, two judicial review applications, and an originating application to remove the hospital privileges of a disruptive physician.
    • West River Management Inc. Successfully prosecuted a civil action seeking damages for a contaminated industrial site.
    • Belron Canada Incorporated. Successfully prosecuted a civil action for damages based upon alleged breach of contractual representations and warranties.
    • R. v. Canadian Mist Distillers Limited. Successfully defended a prosecution in relation to a municipal sewer use by-law.
    • Canadian Energy Pipeline Association. Legal submissions to Canada on the Administrative Monetary Penalties regime of the NEB introduced by the 2012 Jobs, Growth and Long-term Prosperity Act.
    • Collingwood East Environmental Action Committee v. Director et al. Successfully defended an application for leave to appeal to the Environmental Review Tribunal.
    • York Energy Centre.  Successful litigation advice and support to a 393 megawatt natural gas-fired simple cycle electricity generating project, in relation to matters under Ontario’s Environmental Assessment, Environmental Protection Act, Ontario Water Resources Act, Environmental Bill of Rights Act, Ombudsman Act, Building Code Act and related civil actions.
    • Imperial Oil Limited. Defence of civil actions for damages alleging soil and groundwater contamination.
    • Rubber Association of Canada, Ontario Tire Stewardship. Legal advice and submissions concerning Ontario’s Waste Diversion Act.
    • Anonymous Client. Successfully prosecuted a civil claim seeking insurance coverage and compensation for property contamination under Commercial General Liability policies.
    • R. v. General Chemical. Successfully defended a prosecution alleging illegal air emissions under Ontario’s Environmental Protection Act.
    • Canadian Electricity Association. Preparation of a submission paper to the federal government on the 5 year review of the federal Species at Risk Act.
    • Pearson v. Inco Ltd. and Ontario. Successfully defended the Crown in this major environmental class action brought by residents of Port Colborne, Ontario, alleging, inter alia, regulatory negligence by the Ministry of Environment.
    • Hollinger Farms Inc. v. Minister of Environment and Ontario Realty Corporation. Successfully defended this judicial review application, which challenged Ontario’s class environmental assessment process for the largest land transaction in Ontario’s history – the Seaton/Oak Ridges Moraine Land Exchange.
    • Larry Jackson Fisheries v. Minister of Natural Resources. Successfully defended this judicial review application by the Ontario Commercial Fishery Association challenging the Minister’s adoption of lake-wide fishery quotas on Lake Erie.
    • Imperial Oil v. Quebec Minister of Environment. Successfully represented the Attorney General of Ontario as intervener in a major appeal to the Supreme Court of Canada concerning bias and the polluter-pay principle in relation to a remediation order issued by the Québec Minister of Environment.

  • The Best Lawyers in Canada 2014-2016: Environmental Law
  • The Canadian Legal Lexpert Directory 2015: Environmental Law, Repeatedly Recommended
  • 2014 Lexpert Special Edition on Canada’s Leading Energy Lawyers: Leading Lawyer
  • Martindale-Hubbell: Civil Litigation, Environmental Law, Administrative Law, Municipal Law, BV® Distinguished

  • YMCA, Volunteer Instructor
  • First Interfaith Out of the Cold Program, Congregation Darchei Noam and St. Matthews United Church, Volunteer
  • Friends for Life Bike Rally (Toronto People With AIDS Foundation), Volunteer Rider
  • Ride to Conquer Cancer, Volunteer Rider

  • Canadian Bar Association
  • American Bar Association
  • The Advocates Society
  • Toronto Lawyers Association
  • Toronto Law Journal, Environmental Editor

  • Speaker, How an Environmental Management System Can Help You to Avoid Civil, Regulatory, and D&O Liability, Canadian Environmental Conference and Tradeshow, April 27, 2016
  • Speaker, Contaminated Sites Liability - Construction Sector In-House Counsel Forum, April 7, 2016
  • Statutory Cause of Action for Spills Affirmed by Court of Appeal, Toronto Law Journal, February 2016
  • Speaker, Inspections and Enforcement Issues: On-site and in Court, Canadian Institute of Resources Law - Symposium on Environment in the Courtroom, February 26, 2016
  • Chair and Speaker, Environmental Compliance Essentials 2015 - Practical Strategies to Avoid Environmental Litigation, Envirogate Event Management Inc., full day program for industry, December 1, 2015
  • Speaker, Law Society of Upper Canada - Six Minute Environmental Lawyer, Defending Environmental Prosecutions, October 2015
  • Speaker, Anonymous Clients, Regulatory Inspections and Investigations, June 16 and February 25, 2015
  • Ontario Court of Appeal Decides Ostrander Wind Farm Project and Sends Dispute Back to the ERT, Osler Update, April 21, 2015 and Toronto Law Journal, May 2015
  • Speaker, Key Environmental Issues Facing Construction/Infrastructure Projects, February 26, 2015
  • Special Report - The Role of Environmental Experts in Successful Environmental Management - Environmental Experts and Consultants: How and when to deploy them to your advantage, Canadian Environmental Regulation & Compliance News, Volume 26, No. 2, p. 4712, February 2015
  • Speaker, Ontario Bar Association Institute 2015, February 4, 2015, Managing New Environmental Quagmires – Perspectives from the Litigation, Regulatory and Transactional Contexts
  • Speaker, Ontario Bar Association, December 3, 2014, A Strategic Guide to the ERT Rules
  • Speaker, Canadian Corporate Counsel Association, Spring Conference, April 6, 2014, Environmental Prosecutions
  • Speaker, Ontario Bar Association, Advanced Environmental Law Practitioner Roundtable - Environmental Law, April 1, 2014, Director & Officer Liability
  • Speaker, Commons Institute, January 27, 2014, Aboriginal and Treaty Rights & the Evolution of the Environmental Assessment Process
  • Renewable Energy Approval Appeal Proceedings at the ERT: Building Jurisprudence in Wind Appeals – Lessons Learned, Ontario Bar Association, Natural Resources Section Newsletter, January 17, 2013
  • Environmental Class Actions, Environmental Law Forum, January 17, 2013
  • Environmental Law & Regulation in Ontario – Protecting Against Risk in a Climate of Enhanced Environmental Enforcement, Canadian Institute, October 25, 2012
  • Documentary Disclosure, Search Warrants and Privilege, Law Society of Upper Canada, October 17, 2012
  • Is Climate Change Litigation Coming to Canada? Parts 1 and 2, Toronto Lawyers Association Law Journal, November 2008 and January 2009 editions
  • Is Government Liability Expanding for Historic Pollution Clean-Ups?, Key Developments in Environmental Law, 2008-2009 edition (Chapter 6), Canada Law Book, 2009
  • Supreme Court Finds Abandonment of Privacy Interest in Waste, Toronto Lawyers Association Law Journal, Summer 2009 edition
  • Ontario Announces Proposed Greenhouse Gas Cap and Trade System, Osler Update, June 15, 2009
  • Public Law Issues in Litigation Against the Government, Government Liability – Law and Practice (Chapter 11), Canada Law Book, 2009