Neo Tuytel is a partner with Clark Wilson LLP. He is the Chair of the firm’s Environmental Law practice group and a member of the Insurance, Business Litigation and ADR practice groups.

Mr. Tuytel obtained his LL.B. from the University of British Columbia in 1984 and was called to the bar in 1985. He was also accredited as a mediator in 1994.

Mr. Tuytel has appeared before all levels of court as well as administrative decision-makers in British Columbia. He was winning counsel in the Supreme Court of Canada in the landmark overlapping insurance case: Family v. Lombard, as well as various cases in the BC Court of Appeal. Mr. Tuytel also acts as a mediator.

Orchestrating a precedent-setting, multi-party settlement of one of North America’s worst pollution problems – the more than $75 million clean-up of acid rock drainage into Howe Sound from the historic Britannia Mine. Acted as lead counsel for a former, post-closure owner of the mine site in administrative (Remediation Order) proceedings involving BP Amoco (then ARCO), ALCOA, Ivaco and other parties. Implicated the provincial government as “potentially responsible” for contamination, avoided the necessity of cost recovery proceedings, and obtained a complete environmental indemnity, all prior to the issuance of any Order.

Representing the Prince Rupert Port Authority with respect to ‘honour of the Crown’ and Canadian Environmental Assessment Act consultations with local First Nations regarding the redevelopment of a cargo terminal. Defending judicial review proceedings by First Nations challenging CEAA screening decision and Federal funding for $170 million project.

Defending a real estate developer that syndicated a warehouse facility on the site of a former Koppers wood preservation plant against environmental remediation cost recovery actions by CNR, Domtar, Beazer East, the current owners of the site, the federal and provincial governments and others (Beazer Action).

Defending a chemical company against claims for soil and groundwater contamination, as well as enforcing coverage and obtaining payment of defence costs and settlement funds from their liability insurers.

Both defending and prosecuting various actions under the Environmental Management Act and Contaminated Sites Regulation with respect to underground fuel storage tanks and other sources of environmental pollution.

Defending a British asbestos manufacturer in bodily injury and property damage claims, including the removal of asbestos-containing insulation from the entire BC Ferries fleet, as well as several commercial buildings.

Winning in the Supreme Court of Canada, and setting a precedent in Canada and the Commonwealth for resolving disputes with respect to overlapping policies of liability insurance (Family v. Lombard, 2002).

Both defending and prosecuting numerous claims regarding property as well as liability insurance coverage with respect to water ingress, construction deficiencies and other construction-related damage.