| Resume
DATE OF BIRTH June 30, 1946
DEGREES LL.B., Queen’s University, 1971
B.A., York University, 1968
BAR ADMISSION COURSE
1972-1973
Called to Bar in Ontario (Spring 1973)
PRACTICE HISTORY
October 1, 1993 to present - Sole Practitioner
November 1985 to September 30, 1993 - Partner - Houser, Henry, Loudon & Syron
November 5, 1973 - November 1985 - Ministry of the Attorney General, Crown Law Office, Civil Litigation
March, 1973 - November 5, 1973 - Sneath, Rapson and Associates
Summer, 1970 - Ontario Law Reform Commission, Legal Research, Landlord and Tenant Act
ASSOCIATIONS
Law Society of Upper Canada
Canadian Bar Association
County of York Law Association
EXPERIENCE
(a) Forestry
1985 to 1994
Counsel to the Ontario Ministry of Natural Resources, Class Environmental Assessment into Timber Management on Crown Lands in Ontario.
November, 1985 to May, 1988
Providing advice on preparation of the initial environmental assessment document and amendments thereto.
Supervision of preparation of evidence for Ontario Ministry of Natural Resources’ witnesses including written witness statements.
Involvement in the design and conducting of witness training programs for all Ontario Ministry of Natural Resources’ witnesses.
Legal research.
Attendance before Environmental Assessment Board during preliminary hearings.
May, 1988 to November, 1992
Attendance at the Environmental Assessment Hearing on a full-time basis leading evidence on behalf of the Ontario Ministry of Natural Resources, and cross-examining witnesses on behalf of all other parties.
The issues involved related to fisheries, wildlife, silviculture, and soil science, as well as issues of government policy. Expertise gained in these areas have wide application in other environmentally related cases.
Involvement in multi-party negotiations ordered by the EA Board designed to scope issues to be dealt with at the hearings.
Reporting to executive committee and senior management of the Ministry of Natural Resources regarding the EA process generally, the hearing, and providing optional strategies on a wide range of issues.
Co-ordinating and participation in the preparation of written argument; and presenting oral final and reply argument.
1994
Providing advice to the Ministry of Natural Resources regarding the decision of the Environmental Assessment Board.
1994-1995
I provided advice to the Ministry of Natural Resources related to the negotiations with existing FMA Holders which resulted in amendments to their forest management agreements.
I provided advice to MNR regarding the drafting of the Crown Forest Sustainability Act and regulations thereto. In addition, together with Bill Thornton, presently the ADM of the Forestry Division of the Ministry of Northern Development and Mines and Forestry, I drafted the generic/standard sustainable forest licence to be granted pursuant to section 26 of the Crown Forest Sustainability Act, and negotiated and drafted the Forest Renewal Trust Agreement and the Forestry Futures Trust Agreement between the Minister of Natural Resources and Montreal Trust Company of Canada. The terms of reference for the advisory committees which are involved in the arbitration of these two trusts were also drafted by Mr. Thornton and me.
1995-1999
I provided advice related to, and drafted shareholder agreements for companies that jointed together to form a new company which was then granted a Sustainable Forest Licence from the Ministry of Natural Resources. I have also drafted agreements between SFL Holders and independent harvesters as contemplated by section 38 of the Crown Forest Sustainability Act. I gave presentations to the forest industry regarding optional ways of structuring their relationship in the context of sustainable forest licences and the forest management planning process in Ontario.
1998
I was retained by the Government of Saskatchewan to provide advice regarding the drafting of regulations to their Forest Resources Management Act.
1999 to Present
I have continued to provide legal advice to the forest industry regarding wood supply agreements with the Minister of Natural Resources, agreements between forestry companies and loggers regarding the harvest and delivery of timber including litigation arising from such arrangements. I have also represented SFL holders and forestry companies in quasi criminal proceedings related to forestry operations instituted pursuant to provincial legislation. I have provided advice regarding forest access roads, and in one case obtained an injunction preventing the blockade of a forest access road.
I am counsel to a number of SFL Holders seeking a declaration that the imposition of retail sales tax on the purchase of herbicides is invalid.
I continue to provide advice to SFL Holders regarding forest operations, management planning and licensing issues.
(b) Environmental Law
1973-1985 (Ontario Ministry of the Attorney General, Crown Law Office, Civil).
I was junior counsel to John J. Robinette in the case of Attorney General of Ontario v. Dow Chemical which involved mercury pollution of the St. Clair River, Lake St. Clair, and portions of Lake Erie. Responsibilities included review and organization of voluminous scientific technical documents, and legal research.
Providing legal advice to the Ontario government related to possible claims for mercury pollution occurring in northwestern Ontario; and preparation of documentation related to government and non-government liability.
Providing general advice to the Environmental Hearing Board (the predecessor of the Environmental Assessment Board), and acting as counsel to that Board on numerous hearings. Those hearings included the inquiry into lead emissions emanating from lead smelters in downtown Toronto, the establishment of a waste disposal site in Maple, Ontario through conversion of existing gravel pits (the present Keele Valley site), the disposal of waste products associated with a resort complex in northern Ontario, and the establishment of cement manufacturing facilities near Manitoulin Island. All of these hearings involved the review and organization of scientific and technical information.
Acting on behalf of the Province of Ontario in litigation arising from chemical/oil spills after train derailments and motor vehicle accidents. Compensation for damage to land arising from such incidents were involved in some cases.
Counsel to the Province of Ontario in the case of Schenk Farms which involved the issue of government liability for damage to fruit trees caused by salt spray from the Queen Elizabeth Way, including the consideration of the defence of statutory authority. This case involved consultation with expert regarding agricultural matters including consideration of quantifying the loss of productive farm property.
Counsel to the Ministry of the Environment in construction litigation, with an emphasis on subsurface soil conditions including hydrogeology. Most of the cases related to sewer and watermain projects, including the need for dewatering the constructions sites. These issues were also addressed in the context of general building construction.
Contracts
I have appeared before Boards of Arbitration, the Supreme Court of Ontario, and the Ontario Court of Appeal in various contract matters.
From 1976 to November, 1986 I represented the Government of Ontario in most of the Mechanics’ Lien actions involving Crown projects. I was also a member of the Legislative Committee that drafted the Construction Lien Act, 1983.
During my employment with the Crown Law Office, Civil I represented a number of Ministries, including the Ministry of the Environment, Ministry of Government Services, Ministry of Natural Resources, and Ministry of Municipal Affairs and Housing on various contract matters, with an emphasis on construction litigation.
I was a member of the Committee which prepared general conditions which form part of the Ontario Provincial Standards Document used for government construction projects.
In 1994, I was involved extensively in preparing, negotiating, and providing advice regarding agreements between forest products companies and the Ministry of Natural Resources, and between Montreal Trust Company of Canada and the Ministry of Natural Resources which agreements provide for the establishment and administration of trust funds for forest renewal. My client in this regard was the Ministry of Natural Resources.
From 1995-1999, I provided advice related to and drafted shareholder agreements for companies that joined together to form a new company which was then granted a Sustainable Forest Licence from the Ministry of Natural Resources. Agreements were also drafted between the holders of Sustainable Forest Licences and independent operators as contemplated by section 38 of the Crown Forest Sustainability Act.
Administrative Law
I have appeared before the Supreme Court of Ontario, the Divisional Court and the Ontario Court of Appeal on both judicial reviews and statutory appeals. On those occasions, I appeared on behalf of the Attorney General as intervener, Ministers of the Crown, and various boards, commissions and other tribunals.
I have also appeared before administrative tribunals on behalf of various Government Ministries.
I was legal counsel to the Ministry of Natural Resources on the Class Environmental Assessment into Timber Management on Crown Lands in Ontario.
I have represented various professionals such as architects and real estate agents before their disciplinary tribunals.
Commercial / Civil Litigation
In addition to extensive work related to litigation of contractual disputes, I have been involved in a wide range of civil litigation cases including shareholder disputes, fraudulent conveyances, wrongful dismissal, and estate litigation.
Constitutional Law
I have been involved in constitutional cases before the Ontario Court of Appeal and the Supreme Court of Canada.
One of the appearances in the Supreme Court of Canada was as counsel to the Attorney General of Ontario on a constitutional reference which dealt with the validity of the Canadian egg marketing scheme.
Torts
My work experience at Sneath, Rapson and Associates related primarily to negligence litigation. It included products liability, motor vehicle negligence, and medical malpractice cases.
While at the Crown Law Office, I acted for numerous plaintiffs in personal injury actions in which government employees have subrogated their rights pursuant to the Workmens’ Compensation Act.
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