Michael Fortier

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 obligations as well as the free, prior and informed consent of Indigenous peoples.

Michael often crafts a practical, successful resolution to disputes whether acting as counsel, mediator or facilitator. 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.

As part of Michael’s active transactional practice, 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.

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.