Our Team

Michael J. Fortier

Partner

	Direct: 416.865.8147 Office: Toronto Fax: 416.865.7380 Email: mfortier@torys.com

	Michael has extensive experience in assessing, and assisting clients manage, challenging environmental issues.

Practice

Michael Fortier's practice focuses on environmental, health and safety matters. Torys’ Environmental, Health and Safety Practice Group has been consistently recognized over the years as one of Canada’s leading environmental practices, including in Practical Law Company’s Global Environmental Super League Rankings as one of the country’s top three environmental practices. The group has also been repeatedly recognized in the Canadian Legal Lexpert Directory with the highest ranking of most frequently recommended.

With a strong background in corporate and real estate law, Michael now practises environmental, health and safety law exclusively. He works with a broad range of public and private sector clients, including public and private companies, and municipalities. He provides advice to corporate clients in a number of industrial sectors, including chemicals and plastics; energy; financial institutions; manufacturing; mining; real estate (including property owners and property managers); transportation; and water and waste water treatment.

As part of the group’s transactions practice, Michael assists buyers, sellers, lenders, borrowers, investors and underwriters through all the environmental aspects of a transaction, from the design and coordination of deal-specific (often multiple-site) environmental liability assessments and other environmental due diligence; through the negotiation of agreements; and in handling closing and post-closing details.

Michael’s regulatory work involves advice on a broad range of issues in the environmental, health and safety field, including air, renewable energy, sewage and other approvals for projects and existing facilities; contaminated sites; quasi-criminal, civil and administrative liability assessments (including those related to regulatory orders); transportation of dangerous goods and waste (domestically and internationally) and legislative initiatives.

Michael’s litigation related practice also covers a number of issues, including approval hearings, quasi-criminal defence work, civil litigation and alternative dispute resolution.

Recognitions

Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide, 2013—Leading lawyer in environment

Transactions

Michael has recently represented

Husky International and Onex in connection with the US$2.1 billion acquisition of Husky International by Berkshire Partners and OMERS Private Equity
Starwood Energy Group Global

in its acquisition and related project financing of a 20 MW solar project in northern Ontario
in its acquisition and related project financing of a 30 MW solar project in northern Ontario
in its acquisition and related project financing of a 10 MW solar project in northern Ontario

the underwriters on a large number of equity and convertible debt issues by REITs, including by Dundee REIT, Dundee Industrial REIT, Dundee International REIT, Morgurd North American Residential REIT and TransGlobe Apartment REIT
Dexia Credit Local S.A. and Union Bank NA in the project financing of the 20 MW enXco solar project in eastern Ontario
Clarus Securities, CIBC World Markets and a syndicate of underwriters in the offering of common shares by GWR Global Water Resources Corp
Quad/Graphics in its C$1.3 billion acquisition of Worldcolor Press
Blue Crest Special Situations Fund in its sale of an antimony mine to Human Nonferrous Metals Corporation
RES Canada

in its C$275 million partnership with Enbridge to develop, construct, own and operate the 99 MW Greenwich Wind Energy Project
in its C$285 million partnership with Enbridge to develop, construct, own and operate the 99 MW Talbot Wind Energy Project

Castle Harlan

in its purchase and sale of Norcast Wear Solutions
in its US$200 million acquisition of Pretium Packaging, L.L.C.

K+S AG in its 2009 US$1.65 billion acquisition of Morton International
China Investment Corporation in its C$1.7 billion acquisition of a 17% equity interest in Teck Resources
International Petroleum Investment Company in its C$2.8 billion acquisition of Nova Chemicals

Selected Recent Publications and Presentations

The Anatomy of an Environmental Civil Action: Navigating to and Through Trial - Part Two
Co-chair, Toronto | September 20, 2012

Fisheries Act Amendments: Implications for the Waterpower Industry
Shifting Legal Landscapes Budget Implications for Waterpower Workshop, Toronto | September 6, 2012

The Anatomy of an Environmental Civil Action: All About Claims - Part One
Co-chair, Toronto | May 30, 2012

What Directors, Officers and Managers Need to Know
Environmental Due Diligence, Mississauga | May 2, 2012

Proposed Changes to the Canadian Environmental Assessment Act Regime: A Streamline Review
Environews, vol. 21, no. 4 | May 2012

Managing Environmental Issues In M&A Deals
4th Annual M&A Skills Boot Camp | April 10, 2012

Environmental Health & Safety Update for the Mining Practitioner
Mining Law & Regulation: An Examination of Contemporary Issues & Emerging Trends, Toronto | February 2, 2012

Conducting a Thorough Environmental Due Diligence: How Much Is Enough?
6th Environmental Deal-Breakers in Real Estate and Business Transactions, Toronto | January 30, 2012

The Ins-and-Outs of Infrastructure Development: Managing Environmental Risks
Co-chair, Toronto | November 30, 2011

What Directors, Officers and Managers Need to Know
Demonstrating & Documenting Environmental Due Diligence, Mississauga | November 15, 2011

Building Permit for "Dream Home" on Landfill Haunts Municipality
Environews, vol. 20, no. 4 | June 2011

Managing Environmental Issues In M&A Deals
4th Annual M&A Skills Boot Camp, Toronto | April 12, 2011

The Continuing Discussion of Continuous Disclosure: The Influence of the CSA's Recent Guidance on Environmental Reporting
EnviroNews, vol. 20, no. 3 | March 2011

Conducting a Thorough Environmental Due Diligence: How Much Is Enough?
4th Environmental Deal-Breakers in Real Estate and Business Transactions, Toronto | February 2, 2011

Interrelationship between Federal and Provincial Regulation - A Primer and an Update
Environmental Law & Regulation in Ontario: Ensuring Compliance, Minimizing Risk and Mitigating Environmental Liability, Toronto | October 28, 2010

Contaminated Sites and Property Deals in Ontario
Understanding Environmental Regulation, Mississauga | November 27, 2009

OBA's Putting the Puzzle Together: An Exploration of Emerging and Critical Issues in Environmental Civil Litigation
Co-chair and panel moderator of Engaging the Regulator in Civil Actions: Why? How to? When to? When Not to? What to expect?, Toronto | April 6, 2009

Ontario's Green Energy Bill Moves Forward
Environews | April 2009

Selected Media Highlights

March 1, 2011: There are some differences in the legal tests applied to companies and individuals facing oh&s charges, says Michael Fortier in OHS Canada

March 29, 2010: Torys congratulates our new partners

Memberships

Environmental Law Section, Ontario Bar Association (Executive)
Alternative Dispute Resolution Section, Ontario Bar Association
National Environmental, Energy and Resources Law Section, Canadian Bar Association
National Alternative Dispute Resolution Section, Canadian Bar Association
Dartmouth Lawyers Association

Practice Areas and Industry Groups

Aboriginal Climate Change and Emissions Trading Environmental, Health and Safety Water

Bar Admissions

Ontario, 2002

Education

LLB, 2001
Osgoode Hall Law School, York University

MES, 2001
York University

BA (cum laude), 1997
Dartmouth College