J.M. Madeleine Donahue

Senior Partner

J.M. Madeleine Donahue

Toronto (Royal Bank Plaza)

T:+1 416.202.6745

F:+1 416.216.3930

Madeleine Donahue practises primarily in the environmental, occupational health and safety, mining and privacy law areas. Ms. Donahue is certified as an expert in environmental law by the Law Society of Upper Canada.  

Her environmental practice encompasses three broad categories: transactional due diligence, litigation and defence, and regulatory guidance. Specific experience includes: approvals and regulatory issues for renewable energy projects, opinions and advice on environmental and OHSA liability and risk, strategic advice on compliance and due diligence, audits, approval and permit requirements, environmental assessment of projects, spills, environmental site assessments and remediation, risk assessments, decommissioning and brownfields redevelopment, mine closure, underground and aboveground tanks, air and water pollution, contaminated lands, toxic and hazardous substances, waste management, environmental insurance, TDGA as well as Fisheries Act and CEPA and CEAA matters.

Ms. Donahue has extensive experience in environmental and OHSA issues arising in the corporate, commercial, real estate and financing contexts. She also defends clients in the event of government prosecutions and clean-up orders and acts on private party contaminated site dispute matters and common law causes of action in respect of contamination.

Ms. Donahue also works with corporate and securities colleagues on mining transactions, due diligence, including advice on international CSR Standards and all environmental/safety matters related to mining and other resources.

In health and safety, Ms. Donahue offers strategic advice and guidance on contractor management, health and safety liability and all regulatory aspects relating to OHSA compliance.

In privacy, she assists clients in complying with and developing policies for protection of personal information under PIPEDA and provincial private sector privacy legislation. She also advises on federal, provincial and municipal freedom of information and protection of privacy acts.

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  • Year of call
    Ontario 1984
  • Law school
    LL.M., Osgoode Hall Law School, 2006
    LL.B., University of Calgary, 1982
  • Education
    B.A., Concordia University, 1975
    Education Diploma, University of Manitoba, 1970
  • Selected client work

    Environmental & OHSA Experience

    • Representation of several renewable energy project developers on solar and wind projects and renewable energy approvals, the Green Energy & Green Economy Act and municipal requirements
    • Risk Assessment regulatory review and advice respecting major industrial facilities under Ontario RSC Regulation 153/04 and Alberta Tier 1 and Tier 2 Soil & Groundwater Remediation Guidelines
    • Provided opinion to industrial facility owner respecting environmental liability of the corporation and directors and officers on creditors’ arrangements proceedings under the Canadian Bankruptcy and Insolvency Act and Companies’ Creditors and Arrangements Act
    • Environmental due diligence on financing by way of notes and warrants under Preliminary Short Form Prospectus of a proposed cobalt mine development project in Idaho, USA
    • Environmental, OHSA and employment standards audits for a major Canadian mine exploration company
    • Represented a US Fortune 500 corporation on a major multi-party dispute and government orders concerning groundwater contamination and potential impacts on a municipal aquifer. This was a complex environmental matter involving a municipal authority, a health authority, the Ministry of the Environment and Ministry of Transportation
    • Provided environmental opinions, strategic guidance and advice on a broad range of issues relevant to municipal governments including, contaminated lands, approvals, risk assessments, regulatory developments, off-site contamination, air quality, acquisitions and dispositions of municipally owned lands, public concerns, development applications and general municipal policies

    Information Access

    • Drafted submissions to Transport Canada’s Access to Information and Privacy Division on behalf of a client in response to third-party information requests from Transport Canada. Successfully opposed disclosure or obtained severance of confidential financial and commercial information on the basis of mandatory and discretionary provisions of the federal Access to Information Act
    • Sought disclosure of environmental and health and safety records from the Ontario Ministries of Labour and Environment on behalf of a US Fortune 500 corporation involved in a major groundwater contamination regulatory case and litigation proceedings

    Privacy

    • Advised financial services corporation on privacy policy, privacy legislation in Ontario, Alberta and Quebec and reviewed and amended standard form service agreements and consent forms and advised employers on privacy issues related to review of employee emails and corporate policy on email use. Advised on numerous employee privacy issues, including employee references, monitoring of employee computer use, drug and alcohol testing
  • Publications
    • “Ontario and Quebec Propose Changes to Mining Rules,” The Northern Miner, August 6, 2012, Vol. 98, no. 25.
    • “Recent Developments in Ontario Environmental Law," Macleod Dixon Legal Alert, October 2011.
    • “Tighter Environmental Site Assessments on the Horizon in Ontario,” Environmental Engineering & Science Magazine, March 2011.
    • “Green Light on Ontario's Environmental Approvals Reform,” Macleod Dixon Legal Alert, November 2010.
    • “Oakville’s Health Quality, Air Quality By-Law,” International Municipal Lawyers Association Annual Meeting, October 2010.
    • “Ontario Renewable Energy Developments - Wind and Water Power,” Macleod Dixon Legal Alert, September 2010.
    • “Recent Developments in Ontario Environmental Law,” Macleod Dixon Legal Alert, June 2010.
    • “Recent Developments in Privacy Laws,” Macleod Dixon Legal Alert, June 2010.
    • “Licensure and Telemedicine: A national review of policies - An Update,” This article looks at the reasons why the cross-provincial / territorial practice of telemedicine in Canada is not more advanced and is an update to an article previously published in Canadian Healthcare Technology Magazine, February 2009.
    • “Site Remediation: The Ministry’s Policy Dilemma,” Environmental Engineering & Science Magazine, March 2008.

    For a more detailed listing of papers and presentations or a detailed CV, please contact Madeleine Donahue.

  • Speaking engagements
    • “Update on Key Environmental Civil Cases & Issues for Municipalities,” International Municipal Lawyers Association Meeting, Red Deer, Alberta, June 2012.
    • “CSR Standards—Benchmarks for Due Diligence and Risk Management in Emerging Market Resource Transactions,” Commons Institute Mining Law Conference 2012, February 2, 2012, and client conference, April 12, 2012.
    • “Contaminated Lands in Real Estate Transactions,” City of Mississauga Environmental Seminar, December 8, 2011.
    • “Environmental Due Diligence,” ERCO Worldwide Workshop, April 6, 2011.
    • “Oakville’s Health Quality, Air Quality By-law,” International  Municipal Lawyers Association Annual Meeting, New Orleans, October 2010.
    • “Some Legal Issues on Health Informatics,” Faculty of Medicine, University of Toronto, November 27, 2009.

    For a more detailed listing of papers and presentations or a detailed CV, please contact Madeleine Donahue.

  • Rankings and recognitions
    • Ms. Donahue has been listed in Euromoney Institutional Investor’s Guide to the World’s Leading Environmental Lawyers.  She holds a Martindale Hubbell BV Peer Reviewing rating.
  • Memberships and activities
    • Canadian Bar Association (Ontario), 1984 to present
    • The Law Society of Upper Canada (Ontario), 1984 to present
    • PDAC
    • Canadian Brownfields Network
    • Canadian Associate Member, International Municipal Lawyers Association
    • Past Chair, Environmental Section, Canadian Bar Association, Ontario, 1996 to 1998 
    • Former Director, Canadian Society of Telehealth