At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Albert M. Engel

Partner

PROFILE

Albert is certified by the Law Society of Upper Canada as a specialist in Environmental Law.  He provides clients with legal and strategic advice on environmental and renewable energy law matters. He has a Masters in Environmental Studies and joined Foglers in 2010 after 10 years with the Legal Services Branch of Ontario’s Ministry of the Environment and Climate Change.  He assists clients with renewable energy project issues and has represented approval holders in numerous renewable energy approval (REA) hearings, including Ontario's first (Erickson v. Ontario (Ministry ofthe Environment) [2011] OERTDNo. 29; 61 CELR (3d) 1).  He also assists clients with environmental and related aspects of transactions and various types of agreements, due diligence, securing necessary regulatory approvals, defences to environmental prosecutions, appeals of environmental orders and approvals, civil litigation involving environmental and related issues, contaminated lands and brownfields redevelopment. He appears before Ontario's Environmental Review Tribunal, the Ontario Energy Board, Ontario Municipal Board, the Fire Safety Commission, and all levels of court including Provincial Offences Court.

Publications

OCTOBER 12 2016

ERT Finds Wind Farm Will Cause Serious Harm To Human Health And Serious And Irreversible Harm To The Little Brown Bat

On Friday, October 7, 2016, Ontario's Environmental Review Tribunal released its decision in Wiggins v. Ontario (MOECC) (ERT Case Nos.: 16-036 to 16-042)...

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JUNE 30 2016

Divisional Court Confirms ERT's Interpretation Of REA Appeal Scheme

On June 28, 2016, Ontario's Divisional Court released its decision in Bryce v. Ontario (The Environment and Climate Change), 2016 ONSC 4191 ("Bryce") and provided parties to future Renewable Energy Approval ("REA") appeals with clear direction regarding s.145.2.1(5) of the Environmental Protection Act ("EPA"), causation and adjournment requests.

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JUNE 29 2016

Fogler Rubinoff Partners, Nina Perfetto and Albert Engel were successful before the Ontario Provincial Offences Court in R. v. Coco Paving Inc.

Nina Perfetto and Albert Engel, successfully acted for Coco Paving Inc. in its defence before the Ontario Provincial Offences Court involving an Environmental Protection Act charge laid by the Ministry of Environment and Climate Change (MOECC) in response to a gas line that was struck by a CPI employee.

This was the first case in which an Ontario trial court has had the opportunity to consider a defendant’s evidence of due diligence in a MOECC  prosecution resulting from a gas line strike.   Read our perspective on the matter and what it means for contractors involved with excavations in the vicinity of underground utilities.

APRIL 27 2015

Environmental & Energy Law

Representative Work

Environmental Advisory

  • Assistance through environmental approvals processes including: PTTWs, ECAs and REAs
  • Negotiations with Ontario's Ministry of the Environment ("MOE")
  • Review of draft Certificates of Property Use ("CPU") and Risk Assessments ("RA")

Renewable Energy

  • Acted for Gunn’s Hill LP in its $50.9 million in project financings for a planned wind farm in Oxford County, Ontario.
  • Defence of REAs before the ERT
  • Section 41 Electricity Act, 1998 applications before the OEB (EB-2014-0295; EB-2014-0355; EB-2015-0249)
  • Assistance through municipal and REA approvals processes
  • Negotiation of road use agreements, drain crossingsand electrical infrastructure locations with local municipalities
  • Permitting opinions for renewable energyproject financing
  • Force majeure applications

Environmental Advocacy

  • Defence of regulatory prosecutions
  • ERT and OMBR hearings
  • Civil litigation involving environmental, energy and municipal issues

Representative Reported Cases

  • R. v. Coco Paving Inc. (2016), 2 C.E.L.R. (4) 312 - Co-counsel to Coco Paving Inc. in successful defence to MOECC prosecution
  • Bryce v. Ontario (Ministry of the Environment and Climate Change), 2016 ONSC 4191 – Counsel to Suncor Energy Products Inc. ("Suncor") in successful defence to appeal of Environmental Review Tribunal decision to uphold MOECC decision to issue an REA to Suncor for its 100MW Cedar Point II Wind Farm in southwestern Ontario
  • East Oxford Community Alliance Inc. v. Ontario (Ministry of the Environment and Climate Change) [2015] O.E.R.T.D.No. 45 – Counsel to Prowind Canada Inc. in successful defence to appeal of MOECC decision to issue an REA for a 18MW wind farm before the ERT
  • Lambton (County) v. Ontario (Ministry of the Environment and Climate Change) [2015] O.E.R.T.D. No. 10– Counsel to Suncor in successful defence to appeal of MOECC decision to issue an REA for a 100MW wind farm before the ERT
  • Suncor Energy Products v. Town of Plympton-Wyoming, 2014 ONSC 2934 – Counsel to Suncor in successful application to quash municipal by-laws passed to prevent the construction of wind farms
  • Hornblower v. Ontario (Ministry of the Environment) [2014] O.E.R.T.D. No. 7– Counsel to Suncor in successful defence to appeal of MOECC decision to issue an REA for a 100MW wind farm before the ERT
  • Visconti v. Ontario (Ministry of the Environment) [2013] O.E.R.T.D. No. 85 – Counsel to Canadian Solar Solutions Inc. ("CSSI") in successful defence to appeal of MOECC decision to issue an REA for a 10MW solar farm before the ERT
  • Linton v. Ontario (Ministry of the Environment) [2013] O.E.R.T.D. No. 56 - Counsel to CSSI in successful defence to appeal of MOECC decision to issue an REA for a 10MW solar farm before the ERT
  • Cuthill v. Ontario (Ministry of the Environment) [2013] O.E.R.T.D. No. 28 - Counsel to CSSI in successful defence to appeal of MOECC decision to issue an REA for a 10MW solar farm before the ERT
  • Trinity Development Group Inc. v. Ontario (Ministry of the Environment) [2013] OERTD No. 6 – Counsel to Trinity on appeal of Provincial Officers Order
  • Middlesex-Lambton Wind Action Group Inc. v. Ontario (Ministry of the Environment) [2012] OERTD No. 11 - Counsel to Zephyr Farms Inc. in successful defence to appeal of MOECC decision to issue an REA for a 10MW wind farm before the ERT

Reported Cases While at MOECC

  • R v Hanna, 2010 ONCJ 552, 91 WCB (2d) 469 (OCJ), [2010] OJ No 5075 (QL);
  • R v Hanna, 2009 ONCJ 502, 89 WCB (2d) 131, 48 CELR (3d) 70 (OCJ)
  • General Chemical Industrial Products v Ontario (Ministry of the Environment) [2008] OERTD No 66 (QL); [2009] OERTD No 13
  • BWA Treatment Technologies v Ontario (Director, Ministry of the Environment) (2008), 40 CELR (3d) 143 (OERT)
  • Marshall v Ontario (Ministry of the Environment) [2008] OERTD No 39 (QL), 38 CELR (3d) 291
  • R & H Automotive v Ontario (Ministry of the Environment) [2008] OERTD No 38, [2008] OERTD No 41
  • CanRoof Corp v. Ontario (Ministry of the Environment) [2008] OERTD No 33
  • Vallentin v Ontario (Ministry of the Environment) [2006] OJ No 3583, 215 OAC 162, 52 Admin LR (4th) 309, 23 CELR (3d) 295, 150 ACWS (3d) 397, 2006 CarswellOnt 4687
  • R v Imperial Oil Ltd (2006), [2006] O.J. No. 5881
  • South Dundas (Township) v Ontario (Ministry of the Environment) [2006] OERTD No 47, 25 C.E.L.R. (3d) 278
  • Davidson v Ontario (Ministry of the Environment) (2006), 25 CELR (3d) 278 (OERT)
  • Imperial Oil Ltd v Ontario (Ministry of the Environment) [2006] OERTD No 30
  • Cornwall Gravel v Ontario (Ministry of the Environment) [2006] OERTD No 28
  • Friends of the Jock River v Ontario (Director, Ministry of the Environment) [2002] OERTD No 4, 44 CELR (NS) 69,
  • Goulbourn Wetlands Group v Ontario (Director, Ministry of the Environment) (2002), 42 CELR (NS) 269 (OERT)
  • Oates v Ontario (Ministry of the Environment) (2001), 36 CELR (NS) 280 (OERT)
  • R v Tottenham Transport Ltd (2005), 76 OR (3d) 116, 19 CELR (3d) 233 (OCJ)
  • R v Eastview Sand & Gravel Ltd (2002), 52 WCB (2d) 192 (OCJ)

Publications

  • 2014 – Legal requirements for human-health based appeals of wind energy projects in Ontario in Frontiers in Public Health, 01 December 2014
  • 2013 - REA Appeals in Ontario, a chapter in Key Developments in Environmental Law 2013 Edition by Stanley Berger, Canada Law Book
  • 2012 - The Wind Files, a chapter in Key Developments in Environmental Law 2012 Edition by Stanley Berger, Canada Law Book

Speaking Engagements

  • Win Turbin Noise: Ontario's Experience; Canadian Wind Energy Association Conferece 2016 ("CanWEA 2016"), Presenter
  • Climate & Urbanism: How is it Affecting Communities and Developments? and Environmental  & Urbanism: How Sustainability is Evolving Across the Market; Land & Development Conference May 10, 2016; Moderator
  • Developing a Wind Power Project in Canada; February 27, 2014; Canadian Energy Law Fundamentals Seminar; Canmore, Alberta; Presenter
  • Wind Turbines and Health - A North American Perspective; October 14, 2012; 2012 CanWEA Conference Toronto; Presenter
  • Renewable Energy Approval Appeals and Hearings: An Update on Recent and Emerging Case Law; 2012 OBA Institute; Toronto; Presenter
  • Can a wind turbine cause serious harm to human health? Caselaw update; February 8, 2012; CBA Natural Resources Section Lunch; Calgary; Presenter

Memberships

  • Ontario Bar Association, Environmental Law Section Executive Member and Newsletter Editor
  • Canadian Bar Association
  • Advocates' Society
  • Toronto Board of Trade
  • Ontario Environmental Industry Association (ONEIA)

Directorships

  • TREC Education; Director, November, 2011 to May, 2014

Professional Designations

  • Certified Specialist – Environmental Law

Education

  • York University; B. Sc. (Hons), 1996
  • York University; M.E.S./LL.B, 2000

Community Service

  • ROM Young Patrons' Circle
Portrait

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