Janet Bobechko

Senior Partner
Norton Rose Fulbright Canada LLP

Janet Bobechko

Janet Bobechko

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Biography

Janet Bobechko is a well-recognized senior practitioner with extensive experience in all aspects of environmental law. She routinely provides sophisticated environmental advice on environmental compliance, strategic advice on environmental impact assessments, mergers, acquisitions, real estate and portfolio acquisitions, financings and environmental management systems. Her dispute resolution work includes providing advice on environmental aspects in complex civil litigation for legacy contamination, mediation, for migration of contamination and managing environmental regulatory inspections, charges, orders and providing due diligence advice.

Janet works with many industrial sectors, including manufacturing, mining, transportation, chemical, pulp and paper. Ms. Bobechko has advised on renewable energy projects for solar and cogeneration. She is involved in infrastructure projects for linear transportation. Ms. Bobechko has a particular specialty in providing advice on management of legacy contaminated sites and brownfield development and has been extensively involved in law reform on these issues.

Ms. Bobechko provides assistance regarding environmental approvals (all media), chemical management and importation of new substances into Canada, transportation of dangerous goods, hazardous products, pesticides, stewardship and producer responsibility as well as emergency planning and spills response. She is routinely consulted on issues related to water taking, sewage and waste water management and treatment and source water protection.

She advises on climate change issues including climate risk issues. She advises boards of directors regarding environmental compliance, corporate reporting strategies and risk mitigation and environmental insurance. Ms. Bobechko advises clients on environmental, social and corporate governance (ESG) matters and sits on the external advisory Committee for Ryerson's Corporate Social Responsibility Institute. 

Ms. Bobechko is certified by the Law Society of Ontario as a specialist in environmental law and is recognized as a leading practitioner in environmental law. She recently received a career achievement award from the Canadian Brownfields Network as a person who has had a profound impact on the Brownfield industry in Canada.

She regularly updates “Falconbridge on Mortgages,” chapter 10 “ Environmental issues Affecting the Mortgagee” and wrote the inaugural chapter on “Environmental Considerations for Landlord” in the second edition of Landlord's Rights and Remedies in a Commercial Lease: A Practical Guide.


Professional experience

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Certificate, Advanced Alternative Dispute Resolution, University of Windsor, 1995
J.D., University of Detroit Mercy School of Law, 1989
LL.B., University of Windsor, 1989
B.A., York University, 1986
  • Ontario 1991

 

Matters in which Ms. Bobechko has acted include:

  • Acted for MAG Real Estate LP on the sale and leaseback by its subsidiaries to Automotive Properties Real Estate Investment Trust, which consisted of a portfolio of 11 properties in Ottawa and Kingston, Ontario, for a combined purchase price of approximately C$101 million. The portfolio includes six properties that are exclusively occupied by nine automotive dealerships and five properties designated for ancillary dealership services, representing a total gross leasable area of approximately 303,817 square feet located on approximately 30 acres. Nine of the properties are in the Ottawa, Ontario, metropolitan area and two properties are located in Kingston, Ontario
  • As part of NRF's global environmental, social and governance team acting for the Equator Principles Association (EPA) as counsel for the legal review of planned changes to the Equator Principles, which will be released by the end of 2019. The Equator Principles are a risk management framework, adopted by 94 financial institutions across 37 countries, to manage environmental and social (E&S) risk in project finance transactions. The framework provides a minimum standard for due diligence and mitigation of E&S factors
  • Brookfield Business Partners L.P. and its institutional partners, in the acquisition of Loblaw Companies Limited's gas station operations for a purchase price of approximately C$540 million. The acquired gas station network is one of the largest in Canada and includes 213 retail gas stations and associated convenience kiosks adjacent to Loblaw-owned grocery stores across the country. The gas stations will be rebranded as Mobil as part of an agreement with Imperial Oil, marking the introduction of the Mobil fuel brand into Canada
  • Advice to multinational company on risk management measures for legacy contaminated sites, including regulatory advice to prevent administrative orders, notification to adjacent property owners of contamination migration, public relations, remediation deficiencies and resulting litigation, and dealing with federal regulators due to hazardous waste storage issue as a result of the faulty remediation
  • Represented a global manufacturing company who owned a large parcel of land in a metropolitan area that was historically contaminated with PCBs and separate plumes of VOCs in a complex geologic formation (weathered bedrock and sensitive site due to minimal overburden). An investigation of the source property determined contamination was potentially migrating onto an adjacent property. Involved in notice, negotiations, remediation agreement, access agreement for further investigation and subsequent litigation from the affected adjacent property owner. Remediation of the source property failed. Represented the client in multi-million dollar claim relating to the failed remediation
  • Representing a multinational power management company in civil proceedings relating to alleged historical contamination from solvents and hydrocarbons migrating from and to neighbouring properties, including residential properties, and related issues concerning indoor soil vapor and statutory limitation periods
  • Acting for clients regarding advice for various fires at their operations, including emergency management, spill response, regulatory reporting, communication and public relations resulting investigation and defences of charges
  • Acting for a global client regarding investigation and charges related to odour emissions over a continued period of time and advice regarding public relations, investigation and defence of charges and remedial actions
  • Representing property owner in purchase of contaminated land from receiver in bankruptcy, pro-active installation of barrier to prevent migration of contamination (VOCs) as of date of change of ownership and subsequent litigation from adjacent property owners for alleged migration of contamination after change in ownership
  • Representing property owner against allegations by regulator in PCB Trackdown Study for causing PCB contamination of creek and adjacent property. This matter involved investigation of allegations, litigation against the municipality, tolling agreements with third parties, orders issued by regulator and ultimate settlement with all parties with no liability or multimillion cost for remediation attributed to client

 

  • Chambers Canada, Nationwide: Environment, Chambers and Partners, 2019
  • Certified by the Law Society of Ontario as a Specialist in Environmental Law
  • Lexpert® Canadian Legal Directory as a Leading Practitioner (repeatedly recommended) in Environmental Law
  • The International Who’s Who of Environmental Lawyers
  • Who's Who Legal Canada (Environmental Law)
  • "Bill C-68: amending the Fisheries Act to provide protection to fish and their habitat," March 2018
  • "Mainstream carbon markets," February 2018
  • "Canada unveils backstop carbon pricing details: the Green House Gas Pollution Pricing Act," January 2018
  • "Medical marijuana dispensaries in Toronto: a commercial landlord's problem?" July 2016
  • "Ontario introduces cap-and-trade system," May 2016
  •  "Polluter Pays Dearly: The Ontario Court of Appeal's Controversial Approach to Spill Compensation under EPA s. 99(1)," April 2016
  • Law Society of Ontario
  • Ontario Environment Industry Association (ONEIA)
    • Past chair, Brownfields committee, current member of brownfield and excess soil committee
    • Chair, climate change committee 
  • Canadian Brownfields Network, member 2002-present
  • Toronto Lawyers Association, director 2012 - 2018
  • Prospectors & Developers Association of Canada, 2012 - present 
  • Canadian Bar Association
    • Executive committee member, National Environmental and Energy and Resources Law Section (NEERLS)
    • Committee chair for NEERLS, submission on Enhanced Integrity Regime for environmental offences
    • Committee member for submission regarding Environmental Assessment Review Process
  • Ontario Ministry of the Environment, Conservation and Parks
    • Excess soil engagement group

 


News

Law Times - Janet Bobechko

November 05, 2018