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ARTICLE · 16 DECEMBER 2014

Law Society Tells Lawyers: Stop Snitching

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Let’s say you’re retained by a nice young couple whose home has been impacted by a spill at the gas station next door.

CanadaEnvironment
Ian Richler
Ian Richler
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Let's say you're retained by a nice young couple whose home has been impacted by a spill at the gas station next door. Is it unethical to send a demand letter to the gas station saying, clean up my clients' property or else I'll ask the Ministry of the Environment and Climate Change ("MOE") to issue an order?

Most environmental lawyers would probably say no. The tactic is not uncommon. And it is hard to see anything improper about it. If a lawyer believes approaching the MOE would be a more expedient way of getting the gas station to clean up the problem than launching an expensive and lengthy civil claim, why shouldn't the lawyer be free to write the demand letter?

Alas, recent amendments to the Law Society of Upper Canada's Rules of Professional Conduct should make us all think hard about whether that intuition is correct.

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