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Talia Gordner is an experienced lawyer with a corporate and commercial litigation practice focused on the resolution of complex environmental, regulatory and real estate disputes. Talia represents clients from a range of industries, including construction, oil and gas, and manufacturing, in matters that range from common commercial disputes such as claims of breach of contract, fraud and negligence, to complex environmental disputes involving recent, ongoing and historical contamination.

Advising on environmental risk, liability and due diligence at all stages of real estate, business and financing transactions, Talia is known for her ability to get deals across the finish line. She assists clients in all areas of environmental compliance and has a full understanding of environmental reporting and approvals obligations as well as the federal and provincial greenhouse gas emissions regimes.

With experience as defence counsel for individual and corporate clients in a variety of regulatory and quasi-criminal federal and provincial matters, including under environmental, construction, transportation and municipal legislation, Talia negotiates resolutions that give clients peace of mind and advance their interests.

Prior to joining McMillan, Talia practised at a mid-sized law firm in Toronto. An active supporter of the arts, Talia is proud to play the alto saxophone in a not-for-profit community concert band.

Expertise

Practices

Industries

Representative Matters

  • Representing clients in complex multi-party environmental litigation dealing with recent, ongoing and historical contamination events.
  • Investigating and advocating for property owners and occupiers in environmental contamination disputes between neighbouring properties.
  • Directing investigations and coordinating environmental consulting and engineering experts for the purpose of sampling, reporting on and remediating environmentally contaminated sites.
  • Providing advice on environmental law, risk and liability in multi-million dollar corporate acquisition transactions.
  • Representing clients in various levels of the Ontario Superior Court of Justice involved in commercial litigation arising from fraud, breach of contract, shareholder disputes and real estate and leasing matters.
  • Appearing at the Environmental Review Tribunal in relation to Renewable Energy Approval appeal and municipality order appeals under the Environmental Protection Act.
  • Providing guidance on federal and provincial greenhouse gas, stewardship, recycling and waste management legislation and compliance.
  • Negotiating access and sampling agreements with major oil and gas companies on behalf of property owners.
  • Defending both companies and individuals in regulatory investigations and prosecutions under the Environmental Protection Act, Technical Standards and Safety Act, 2000, Safe Water Drinking Act, 2002, Fire Protection and Prevention Act, Building Code, Highway Traffic Act and various municipal by-laws.
  • Law Clerk to Federal Court judge in Gitxaala Nation v. Canada (Minister of Transport, Infrastructure and Communities), 2012 FC 1336, involving and application by the Gitxaala First Nation regarding a breach of duty to consult by Minister of Transport, Infrastructure and Communities and the Northern Gateway Pipelines Limited Partnership in connection with a regulatory review of the Northern Gateway Pipeline project.
  • Representing litigants in trademark disputes arising from claims of infringement, passing off, confusion, depreciation of goodwill and other related claims under the Trade-marks Act and in common law in both the Superior Court of Justice and Federal Court jurisdictions.

Speaking Engagements

Navigating Environmental Compliance and Risk During and After a Public Health Emergency OBA Environmental Law Program, Online

May 21, 2020

Developments in Environmental Law for Real Estate Transactions The Canadian Bar Association

March 5, 2020

Roundtable Discussions: Environmental Law 101 ICSC Canadian Shopping Centre Conference

March 27, 2019

Unearthing Complexities in the Subsurface: Soil and Groundwater Essentials for Lawyers Ontario Bar Association’s Institute – Environmental Law Section

May 1, 2018

Understanding Soil and Groundwater: Part 2 Ontario Bar Association – Environmental Law Section

April 9, 2018

Co-Chair of Environmental Law Mentorship event Ontario Bar Association – Environmental Law Section

June 7, 2017

Environmental Considerations in Real Estate and Business Transactions Toronto Lawyers Association

May 16, 2017

Roundtable Discussions: Environmental Law 101 ICSC Canadian Shopping Centre Conference

April 27, 2017

CANECT, Spill, Leaks, Discharges & Emergencies: Legal Framework

April 29, 2014

Directorships & Affiliations

  • Ontario Bar Association, Environmental Section Executive, Vice Chair (member of Executive since 2015)
  • North Toronto Community Band, Board of Directors and President (2016-2018)
  • Canadian Bar Association
  • Toronto Lawyers Association

Education & Admissions

2012
Called to the Ontario bar
2011
JD University of Detroit Mercy
2011
LLB University of Windsor
2008
B.Mus.A. University of Western Ontario

Publications

  • “Expropriation of Contaminated Land and its Fair Market Valuation“, INSTI-NEWS Fall/Winter 2020, p.17
  • “Update: Cross-Country Check-In: COVID-19 and the Environment”, Environment Law Bulletin (May 20, 2020)
  • “Update: Cross-Country Check-In: COVID-19 and the Environment”,  Environment Law Bulletin (May 1, 2020)
  • “Cross-Country Check-In: COVID-19 and the Environment”, Environment Law Bulletin (April 15, 2020)
  • “New Guidance from Ontario Court of Appeal on Landlord Liability for Historical Contamination “, Blaneys on Business (March 21, 2018)
  • “Ontario Court of Appeal Provides Guidance on Landlord Liability for Historical Contamination “, Ontario Bar Association – Environmental Law Section (February 21, 2018)
  • “Law Society Amends and Clarifies the “Threatening Criminal Proceedings” Rule “, Ontario Bar Association – Environmental Law Section (April 24, 2017)
  • “Businesses may be helped by Law Society rule change (April 24, 2017)”, Blaneys on Business (April 24, 2017)
  • “Doing Business 2017: Equal Opportunity for all“, A World Bank Group Flagship Report, 14 th ed. (2017)
  • “Overview of Ontario’s Most Recent Additional to Environmental Legislation: The Great Lakes Protection Act, 2015 “, Ontario Bar Association – Environmental Law Section (December 18, 2015)
  • “Overview of Ontario’s Most Recent Additional to Environmental Legislation: The Great Lakes Protection Act, 2015 “, Blaneys on Business (December 18, 2015)

 

Insights by Talia Gordner (14 Posts)

The Quick and Dirty on Ontario’s New Excess Soil Regulations

Jan 25, 2021

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

Read More

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Jan 21, 2021

Join us for Part Two of McMillan's Automotive Industry Webinar Series

Details

Canada Legally Commits to Net-Zero Emissions by 2050

Dec 7, 2020

Canada Legally Commits to Net-Zero Emissions by 2050

Details

Cannabis and Waste: Another “Green” Opportunity

Nov 27, 2020

Cannabis and Waste: Another "Green" Opportunity

Details

Ontario’s New Blue Box Regulations Shift Consumer Product End-of-life Responsibilities to Producers

Nov 10, 2020

Ontario's proposed regulation would transition the current Blue Box Program to an extended producer responsibility ("EPR") model.

Details

Plan for the Ban: Canada Announces Plan to Tackle Single-Use Plastics

Oct 9, 2020

Canada federal government announces plan for ban of single-use plastics and management of plastic waste through recycling and end-of life responsibility.

Details

Expropriation of Contaminated Land and its Fair Market Valuation

Oct 5, 2020

Expropriation of Contaminated Land and its Fair Market Valuation

Details

Federal Government Accepts Ontario’s Emissions Performance Standards (EPS) Program for Regulation of Greenhouse Gas Emissions – Transition Dates to Come

Sep 21, 2020

Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government

Details

Plan for the Ban: Single-Use Plastics Bans Are Rolling Out Across Canada – Are you ready?

Sep 18, 2020

Single-use plastics ban in Canada (federal, provincial and municipal) means businesses will have to change how they package, distribute and sell their products

Details

Cross-Country Check-In: COVID-19 and the Environment

Sep 10, 2020

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Details

July 24, 2020 Update Cross-Country Check-In: COVID-19 and the Environment

Jul 24, 2020

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Details

Expropriation of Contaminated Land: a Tug-of-War of Competing Interests in the “Fair Market” Valuation

Aug 21, 2019

A standard determination of the market value of expropriated property can be a contentious, drawn out process where the property is environmentally contaminated

Details

Ontario Announces Next Steps in Plan to Shift Costs of Plastic Recycling to Producers

Aug 16, 2019

Ontario Announces Next Steps in Plan to Shift Costs of Plastic Recycling to Producers

Details

Environmental Obligations Cannot be Ignored Even in Bankruptcy: Orphan Wells Association v Grant Thornton Ltd.

Feb 22, 2019

Environmental Obligations Cannot be Ignored Even in Bankruptcy

Details