Climate Litigation and Greenwashing Risks

Although the focus on ESG considerations has increased in the past few years, the focus on climate change in particular has been particularly intense.  Companies are feeling the pressure to say the right things, but are increasingly being held to account for the things that they say.  Whether through regulatory action, or by claims by individuals and organizations, companies are facing greater risks with respect to claims of greenwashing.

This session will address the legal framework for potential claims related to climate and environmental impact and greenwashing.  The session will wrap up with key takeaways for in-house counsel to keep in mind in this rapidly changing landscape and enable them to effectively advise boards and management on litigation risks associated with deceptive green claims.

Topics will include:

• General outline of legal framework

• Survey of global cases and outcomes, identifying themes where plaintiffs have found success/failure

• Application of themes to the Canadian law context

• Practical risk mitigation strategies Canadian businesses should be considering now.

Agenda:

4:00 pm:
Arrival at Fasken Office

4:15 pm – 5:15 pm:
Presentation – Climate Litigation and Greenwashing Risks

5:15 pm: 
Q&A Session followed by departure to Reception