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Michael Fortier

With extensive experience in the energy, infrastructure, mining, metals and real estate industries, Michael gives clients broad counsel across a range of environmental law and Indigenous matters—from projects and transactions to regulatory matters and disputes. Michael provides practical advice to clients on key environmental, Indigenous and strategic aspects of developing, permitting and constructing energy, infrastructure, mining and real estate projects. He guides clients in their negotiations with Indigenous peoples and regulatory agencies, especially to resolve impasses, to advance complex, multi-party negotiations and to develop strong, mutually beneficial relationships with Indigenous peoples. He also provides counsel on consultation and accommodation and the free, prior and informed consent of Indigenous peoples. For existing operations in a wide range of sectors, Michael provides regulatory advice on a broad range of environmental, health and safety issues, including with respect to environmental assessments and other vital permits, including for electricity generation and transmission, water, wastewater, transportation, waste, mine and remediation/closure projects inspections; investigations; liability assessments; climate change; contaminated sites; air, renewable energy, sewage and other approvals. He also advises on the transportation, import and export of dangerous goods, nuclear substances, hazardous products and wastes. As part of Michael’s transactional work, he regularly assists buyers, sellers, lenders, borrowers, underwriters and investors through all the environmental and Indigenous aspects of transactions, from the design and coordination of deal-specific liability assessments, through the negotiation of agreements and in handling closing and post-closing details. Michael often crafts a practical, successful resolution to disputes, acting in a mediation or intermediary role. His dispute resolution practice includes approval hearings, civil litigation (especially with respect to contamination), mediation, negotiation and regulatory prosecutions and other proceedings, including with respect to the Environmental Protection Act, Ontario Water Resources Act, Pesticides Act, Canadian Environmental Protection Act, 1999, Fisheries Act and Nuclear Safety and Control Act. · Torys

CanadaEnvironmental, Indigenous Law

About

Michael Fortier is a leading partner at Torys in Canada who advises on environmental, Indigenous and regulatory matters for energy, infrastructure, mining, metals and real estate projects, transactions and disputes. He chairs the Aboriginal Law Section of the Ontario Bar Association and serves on executive and national/provincial environmental, Indigenous and alternative dispute resolution law sections.

Practice areas

EnvironmentalIndigenous LawEnergyInfrastructureMiningReal EstateRegulatoryLitigation

Office

Canada

Torys · With extensive experience in the energy, infrastructure, mining, metals and real estate industries, Michael gives clients broad counsel across a range of environmental law and Indigenous matters—from projects and transactions to regulatory matters and disputes. Michael provides practical advice to clients on key environmental, Indigenous and strategic aspects of developing, permitting and constructing energy, infrastructure, mining and real estate projects. He guides clients in their negotiations with Indigenous peoples and regulatory agencies, especially to resolve impasses, to advance complex, multi-party negotiations and to develop strong, mutually beneficial relationships with Indigenous peoples. He also provides counsel on consultation and accommodation and the free, prior and informed consent of Indigenous peoples. For existing operations in a wide range of sectors, Michael provides regulatory advice on a broad range of environmental, health and safety issues, including with respect to environmental assessments and other vital permits, including for electricity generation and transmission, water, wastewater, transportation, waste, mine and remediation/closure projects inspections; investigations; liability assessments; climate change; contaminated sites; air, renewable energy, sewage and other approvals. He also advises on the transportation, import and export of dangerous goods, nuclear substances, hazardous products and wastes. As part of Michael’s transactional work, he regularly assists buyers, sellers, lenders, borrowers, underwriters and investors through all the environmental and Indigenous aspects of transactions, from the design and coordination of deal-specific liability assessments, through the negotiation of agreements and in handling closing and post-closing details. Michael often crafts a practical, successful resolution to disputes, acting in a mediation or intermediary role. His dispute resolution practice includes approval hearings, civil litigation (especially with respect to contamination), mediation, negotiation and regulatory prosecutions and other proceedings, including with respect to the Environmental Protection Act, Ontario Water Resources Act, Pesticides Act, Canadian Environmental Protection Act, 1999, Fisheries Act and Nuclear Safety and Control Act.

Canada

Expertise

Environmental assessment & permittingConsultation and accommodation / Free, prior and informed consent (FPIC)Contaminated sites and remediationElectricity generation & transmission, water and wastewater projectsTransportation, waste management and hazardous materials (including dangerous goods and nuclear substances)Environmental regulatory compliance and liability assessmentsTransactional environmental and Indigenous due diligence and agreementsEnvironmental dispute resolution, mediation and regulatory prosecutions

Admissions

  • Ontario Bar, 2002