Scholar Carol Liao On Why Corporate Law Needs To Urgently Address Climate Change And The Role Of Shareholder Activism In Driving Sustainable Business Practices.

Climate change is no longer just an environmental law issue, Liao says. It is affecting corporate governance, risk management, financial regulations, insurance, real estate, and litigation.

Canada’s Climate Change Conundrum

Canada is facing a pressing climate change issue that is having far-reaching consequences for its environment, economy, and human health.

Lawyers are taking on companies that make false environmental claims, and the cases are often complex and high-stakes.

Damage to a company’s reputation and brand value

Financial losses due to regulatory fines and lawsuits

Environmental harm caused by the production and disposal of products that are marketed as environmentally friendly

Loss of consumer trust and loyalty

The Role of Lawyers in Climate Litigation

Lawyers are playing a crucial role in climate litigation, particularly in cases involving greenwashing.

The Origins of Greenwashing

Greenwashing is a term coined in the 1980s by environmental activist Jay Westerveld, who noticed that companies were making false or misleading claims about their environmental practices. Since then, the term has become a widely recognized phenomenon, with many companies attempting to improve their public image by making exaggerated or unsubstantiated environmental claims.

Making unsubstantiated claims about a product’s environmental benefits

Using misleading or false labeling

Failing to disclose the environmental impact of a product or service

Using greenwashing as a marketing tactic to boost sales

The Impact of Bill C-59

The introduction of Bill C-59 in Canada marked a significant shift in the country’s approach to combating greenwashing.

The Challenges of Navigating the Shifting Legal Landscape

Navigating the complex and ever-changing legal landscape can be a daunting task, especially for young lawyers who are just starting their careers. The legal profession is constantly evolving, with new technologies, laws, and regulations emerging all the time. This can make it difficult for lawyers to keep up with the latest developments and to stay ahead of the curve. • The rise of technology has brought about significant changes to the way lawyers practice their craft. Online platforms and digital tools have made it easier for lawyers to communicate with clients, access case law, and manage their practice more efficiently. • The increasing complexity of laws and regulations has also led to a greater need for specialized knowledge and expertise.

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