Faculty of Law

Faculty of Law
Faculty of Law

Bruce Pardy

Professor

Faculty of Law
Queen's University
Kingston Ontario Canada
K7L 3N6

e-mail: pardyb@queensu.ca


Teaching Subjects

  • Environmental Law
  • Property
  • Torts

Profile

  • Research and scholarship in the areas of environmental law and governance, ecosystem management, climate change, civil liability, tort theory, water law, energy, human rights and university governance.
  • Ontario Environmental Review Tribunal, Adjudicator and Mediator 2005-2014
  • Julian Simon Fellow, Property and Environment Research Center (PERC), Bozeman, Montana, 2011
  • Served as Faculty of Law's Associate Dean, 2002-2004
  • Taught at Victoria University of Wellington in New Zealand, California Western School of Law in San Diego, Seattle University School of Law, the University of Western Ontario and for South Texas School of Law in Malta
  • Teaching awards Queen's University Law Students Society 2001, California Western School of Law 2000, Victoria University of Wellington 1999, Postgraduate Students Association, Victoria University, 1999
  • Member of the Ontario Bar
  • Litigation lawyer at Borden Ladner Gervais LLP in Toronto 1990-93

Professor Pardy’s new book, Ecolawgic, in PDF – free download

Oxford Union Debate on Climate Change

Selected Publications

Decisions in Cases before the Ontario Environmental Review Tribunal

  • 2210652 Ontario Ltd v Ontario (Ministry of the Environment) [2014] Ontario Environmental Review Tribunal Decisions No. 40.
  • D & O Waterline Assn. v. Ontario (Ministry of the Environment) [2014] Ontario Environmental Review Tribunal Decisions No. 30.
  • Nestle Canada Inc. v. Ontario (Ministry of the Environment) (2013), 76 Canadian Environmental Law Reports (3d) 331.
  • Kemp v. Ontario (Ministry of Agriculture, Food and Rural Affairs), [2013] Ontario Environmental Review Tribunal Decisions No. 60.
  • Wessuc Inc. v. Ontario (Ministry of Agriculture, Food and Rural Affairs), [2013] Ontario Environmental Review Tribunal Decisions No. 69.
  • Martin v. Ontario (Ministry of the Environment), [2013] Ontario Environmental Review Tribunal Decisions No. 71.
  • Kennametal Stellite Inc. v. Director, Ministry of the Environment (2013), Ontario Environmental Review Tribunal Case No. 13-118.
  • Timco Foods Ltd. v. Ontario (Ministry of the Environment) (2013), 74 Canadian Environmental Law Reports (3d) 137.
  • Brimley Progress Development Inc. v. Ontario (Ministry of the Environment) (2013), 75 Canadian Environmental Law Reports (3d) 310.
  • TankTek Environmental Services Ltd. v. Ontario (Ministry of the Environment) (2013), 76 Canadian Environmental Law Reports (3d) 84.
  • Timco Foods Ltd. V Ontario (Ministry of the Environment),[2013] O.E.R.T.D. No. 16
  • Preserve Mapleton Inc. v. Ontario (Ministry of the Environment) (2012), 67 Canadian Environmental Law Reports (3d) 207.
  • Concerned Citizens Committee of Tyendinaga and Environs v. Ontario (Ministry of the Environment) (2012), 67 Canadian Environmental Law Reports (3d) 94.
  • Sitko Farms Inc. v. Ontario (Ministry of the Environment), [2012] Ontario Environmental Review Tribunal Decisions No. 37.
  • Monture v. Ontario (Ministry of the Environment), [2012] Ontario Environmental Review Tribunal Decisions No. 39.
  • Napash v. Ontario (Ministry of the Environment), [2012] Ontario Environmental Review Tribunal Decisions No. 55.
  • Ontario Power Generation Inc. v. Ontario (Director, Ministry of the Environment), [2011] Ontario Environmental Review Tribunal, Case No. 10-119.
  • Ontario Power Generation Inc. v. Ontario (Director, Ministry of the Environment), [2011] Ontario Environmental Review Tribunal, Case No. 10-131.
  • Quiring v. Ontario (Director, Ministry of the Environment), [2011] Ontario Environmental Review Tribunal, Case No. 11-225/226.
  • Tesmar Holdings Inc. v. Ontario (Director, Ministry of the Environment),[2010] Ontario Environmental Review Tribunal, Case No. 09-158.
  • Welch v. Ontario (Director, Ministry of Environment),[2010] Ontario Environmental Review Tribunal Decisions No. 10-069, [2010] O.E.R.T.D. No. 46.
  • Welch v. Ontario (Director, Ministry of Environment),[2010] Ontario Environmental Review Tribunal Decisions No. 10-070, [2010] O.E.R.T.D. No. 47.
  • McRae v. Ontario (Director, Ministry of the Environment),[2009] Ontario Environmental Review Tribunal, Case No. 09-062, [2009] O.E.R.T.D. No. 41.
  • Quinte West v. Ontario (Director, Ministry of Environment),[2009] Ontario Environmental Review Tribunal Decisions No. 09-070, [2009] O.E.R.T.D. No. 49, 46 Canadian Environmental Law Reports (3d) 237.
  • Dawber v. Ontario (Ministry of Environment)(2007), 28 Canadian Environmental Law Reports (3d), judicially reviewed and upheld by the Ontario Divisional Court: Lafarge Canada Inc. v. Ontario (Environmental Review Tribunal), [2008] O.J. No. 2460 (Div. Ct.).
  • Passmore on behalf of the North Aldershot Preservation Association v. Ontario (Director, Ministry of the Environment), [2007] Ontario Environmental Review Tribunal, Case No. 06-225.
  • Dawber v. Ontario (Director, Ministry of Environment), [2007] Ontario Environmental Review Tribunal, Case Nos. 06-160 to 06-181/06-183.
  • Bogan v. Ontario (Director, Ministry of Environment), [2007] Ontario Environmental Review Tribunal Decisions No. 12.
  • Davidson v. Ontario (Director, Ministry of Environment) (2006), 24 Canadian Environmental Law Reports (3d) 165.
  • Valastro v. Ontario (Director, Ministry of Environment) (2006), 23 Canadian Environmental Law Reports (3d) 307.
  • Safety-Kleen Canada Inc. v. Ontario (Director, Ministry of Environment) (2006), 21 Canadian Environmental Law Reports (3d) 88.
  • Simpson v. Ontario (Director, Ministry of Environment) (2005), 18 Canadian Environmental Law Reports (3d) 123.

Selected Presentations and Appearances

  • "Paris, We Hardly Knew Ye", ​6th Biannual Conference of the Journal of Environmental Law and Practice (JELP), We'll Always Have Paris, Dalhousie University, Halifax June 2017. 
  • "Disabusing the Common Law of 'Abuse of Rights'", Canadian Law of Obligations 2017, Innovations, Innovators, and the Next 20 Years, University of British Columbia, Vancouver, May 2017.
  • "Forced speech in Bill C-16", testimony before the Senate Legal and Constitutional Affairs Committee, May 2017.
  • “Becoming the Deep State? The Uneasy Relationship between Government Policy and the Rule of Law”, Masters of Public Administration Program, Queen's University, Kingston, May 2017.
  • "Ecolawgic: The Logic of Ecosystems and the Rule of Law", 2017 Civitas Annual Conference, Vancouver, April 2017.
  • "Freedom of Speech and Bill C-16", Runnymede Society Debate with Jordan Peterson, Queen's University, Kingston, January 2017.
  • “The Start of the End of Paris and perhaps the UNFCCC”, The World After the Paris AgreementMcGill Journal of Sustainable Development Law, McGill University, Montreal, January 2017.
  • "International law versus the Rule of Law", Institute for Liberal Studies Debate, McGill University, Montreal, January 2017.
  • “Head Starts and Extra Time: Academic Accommodation on Post-secondary Exams and Assignments for Cognitive and Mental Disabilities” Lakehead University, Thunder Bay, Sept 2016.
  • “Environmental Law versus The Rule of Law” Runnymede Society Debate, Bora Laskin School of Law, Lakehead University, Thunder Bay, Sept 2016.
  • “Hard Truths about Climate Change” The Sunday Edition, CBC Radio, May 13, 2016.
  • “The Inevitability of Property” Property and Law Symposium, Institute of Liberal Studies, Ottawa, April 2016.
  • “There’s No Such Thing as Public Interest: A Discussion About Ecolawgic: The Logic of Ecosystems and the Rule of Law” Presentation to Officials at Environment Canada, Gatineau QC, March 2016.
  • “The Legitimacy of the Welfare State: Governments in Pursuit of Public Good” Runnymede Society Debate, University of Toronto Faculty of Law, March 2016.
  • “Debate on Social and Economic Rights” Runnymede Society Debate, Queen’s University Faculty of Law, March 2016.
  • “Property: Environmental Hero or Villain?” Institute of Liberal Studies, University of Ottawa, February 2016.
  • Book launch of Ecolawgic: The Logic of Ecosystems and the Rule of Law, featuring Justice Grant Huscroft and Professor Jason MacLean, Queen’s Law, January 2016.
  • “Allegations ExxonMobil used Big Tobacco tactics on climate change” The Current, CBC Radio, November 13, 2015.
  • “A Betrayal of Its Own Ideology: The Canadian Government’s Refusal to Label Genetically Modified Foods” The Journal of Environmental Law and Practice’s 5th Biennial Conference ‘Après…le Déluge’: Future Directions for Environmental Law and Policy in Canada, Kananaskis AB, June 2015.
  • “Destined to Fail? Groundwater Management in Canada” (Commentator), Security Underground: Financing Groundwater Mapping and Monitoring in Canada, Munk School of Global Affairs, Program on Water Issues, May 2015.
  • “Water and the Myth of Sustainable Development” Water Environment Association of Ontario, Queen’s Chapter, March 2015.
  • “FIT to be Tied: Can the Ontario Government cancel renewable energy contracts?” Ontario Network for Sustainable Energy Policy (ONSEP) Annual Workshop, Prince Edward County, Ontario, April 2014.
  • “The Madness of Bottled Water Bans”, Water Environment Association of Ontario, Queen’s Chapter, Kingston, March 2014.
  • “Welcome to the Anthropocene, where natural means everything and nothing”, Law and Our Diverse Natures Conference, University of Ottawa Faculty of Law, February 2014.
  • “Markets, Laws and Labels for Genetically Modified Foods”, Yale Food Systems Symposium, Yale University, New Haven, October 2013.
  • “Wrongs Don’t Make a Right: A Rights-based Theory of Tort”, 2013 Private Law Theory Workshop, Queen’s University, Kingston, April 2013.
  • “Climate Change: Sense and Nonsense”, Keynote speaker, Ontario Public Works Associaion (OPWA) Annual Meeting, Ottawa, January 2013.
  • “Drowning in Confusion: The Debate over Water Rights”, Keynote speaker, World Water Day 2013 Graduate Research Symposium, Wilfrid Laurier & Waterloo Universities, Waterloo, March 2013.
  • “The Murky World of Water Rights”, Water Environment Association of Ontario, Queen’s Chapter, Kingston, March 2013.
  • Roundtable Discussant, Classics in Environmental Ethics, Department of Philosophy, University of Illinois, Galena IL, October 2012. 
  • “False Panacea: The Human Right to Water” at symposium and launch of The Global Water Crisis: Addressing an Urgent Security Issue, United Nations University Institute for Water, Environment and Health, Hamilton ON, September, 2012. 
  • “No Visions Please, We’re Canadian: National Energy Strategies Game the System”, 4th Biennial Conference of the Journal of Environmental Law and Practice (JELP), (De)Constructing a “National Energy Strategy”: Environmental, Economic and Social Sustainability of Two Different Visions, Cypress Hills, Saskatchewan, June 2012.
  • “Towards an Environmental Rule of Law”, A Rule of Law for Nature, University of Oslo Faculty of Law, Oslo, Norway, May 2012.
  • Roundtable Discussant, Reconciling Ecology and Economics: Processes and Property Rights, Hoover Institute, Stanford University, Palo Alto CA, April 2012.
  • “Losing Liberty and Ecosystems: Legal Instrumentalism and the Environmental Rule of Persons”, University of Montana School of Law, Missoula, MT, October 2011.
  • “Justice Should be Blind: Environmental Instrumentalism and the Rule of Law”, University of Saskatchewan College of Law, Saskatoon, October 2011.
  • “Liberty, Markets and Environmental Policy”, Roundtable Discussant, Liberty Fund and PERC, Montana Sky Guest Ranch, Emigrant, Montana, October 2011.
  • “Coase, Economic Welfare and the Rule of Law”, Seminar Series, Property and Environment Research Center (PERC), Bozeman, Montana, September 2011.
  • “A Natural Law of Systems”, Seminar Series, Property and Environment Research Center (PERC), Bozeman, Montana, September 2011.
  • “Elevating Canada’s EA Game: Can EA Contribute to Making Canada a “Responsible Energy Superpower”, Clean Energy Superpower and Environmental Assessment: Canada’s Ambitions and Choices, Queen’s Institute for Energy and Environmental Policy, March 2011.
  • “The Blue Covenant”, public debate at Royal Ontario Museum, Director’s Signature Lecture Series, Water: The Forum, Toronto, March 2011.
  • “Environment, Technology, and Society: Ways to Think about Environmental Law”, Civil Engineering Forum, Queen’s University, January 2011.
  • “Green Conservatism Workshop”, Manning Centre for Building Democracy, Kahanoff Conference Centre, Calgary, December 2010.
  • “Canada and Climate Change” on Goldhawk Live, CPAC Television Program hosted by Martin Stringer (first aired December 12, 2010) available at.
  • “The Great Climate Debate”, Queen’s Environmental Law Association, November 2010.
  • “Why Climate needs Trade Law and the Obstacles in the Way”, Queen’s University Summer Institute on Trade Policy, September 2010.
  • "Water Governance: Building a coherent, principled framework”, Value of Water, Centre for Environment, University of Toronto, Toronto, April 2010.
  • "Water Myths: Domestic and International", Queen's University 6th Annual International Development Conference, Kingston, March 2010.
  • “Planning for Energy Serfdom: Ontario’s Green Energy Act and the Perversion of Sustainable Technology Development” at First Annual Workshop of ONSEP (Ontario Network of Sustainable Energy Policy), Niagara-on-the-Lake, Ontario, April 2010.
  • “Climate Change Plans and Ploys”, 2010 Annual Conference of Ontario Public Works Association, Mississauga, January 2010.
  • “Copenhagen Wrap-Up - Pardy”, The Current, CBC Radio (Friday, December 18, 2009)
  • The Debate over Climate Change: Canada, Leader or Laggard?, CPAC Television Documentary by Bill Luxton featuring Bruce Pardy (first aired December 8, 2009)
  • “Environmental Assessment and Three Ways Not to Do Environmental Law” at Third JELP Environmental Law Conference, The Demise of Environmental Assessment in Canada? Faculty of Law, University of Windsor, October 2009.
  • “Ontario’s Environmental Education Framework”, 2009 Council of Outdoor Educators of Ontario Annual Meeting, Parham, September 2009
  • “Climate Change, International Development, and Environmental Limits”, Queen’s University Summer Institute on Trade Policy, September 2009.
  • "Water Policy Myths and Misconceptions" at Investing in Water, Centre for Environment, University of Toronto, Toronto, May 2009.
  • "Confronting the Geography of Climate Change: Population, Territory, Biocapacity and the International Clash over National Limits", Canadian Association of Law Teachers Annual Meeting, Carleton University, Ottawa, May 2009.
  • "Legal Philosophies of Environmental Protection" (chair and panelist), Canadian Association of Law Teachers Annual Meeting, Carleton University, Ottawa, May 2009.
  • "Water Policy Myths and Misconceptions" at Investing in Water, Centre for Environment, University of Toronto, Toronto, May 2009.
  • "What Economists Should Know About Environmental Law", Seminar Series, Department of Food, Agriculture and Resource Economics, University of Guelph, Guelph, March 2009.
  • "Access to Water: Basic Propositions for the Governance of Drinking Water", Queen's University 5th Annual International Development Conference, Kingston, March 2009.
  • "Canada's Energy Future" (panelist), Commerce and Engineering Environmental Conference (CEEC), Queen's University School of Business, Kingston, March 2009.
  • "Carbon Pricing in Canada: What's Wrong with This Picture?" at Carbon Pricing and Environmental Federalism, Institute of Intergovernmental Relations and Queen's Institute for Energy and Environmental Policy, Kingston, October 2008.
  • "Climate Change Sense and Nonsense: Bandwagons, Boondoggles, and Boundless Hot Air", Collingwood Georgian Triangle Lifelong Learning Institute, Collingwood, 26 September 2008.
  • "Models of Environmental Governance: Moving from the Specific to the General", (organizer and chair), 2008 Joint Meeting of the Canadian Law & Society Association and International Law & Society Association, Montreal, June 2008.
  • "Applying Sunstein's Libertarian Paternalism", (organizer and chair), 2008 Joint Meeting of the Canadian Law & Society Association and International Law & Society Association, Montreal, June 2008.
  • "Torts, Egalitarianism, and Distributive Justice", (reader and commentator), 2008 Joint Meeting of the Canadian Law & Society Association and International Law & Society Association, Montreal, May 2008.
  • "The International Context and a Skeptic's Lament" at Turning the Corner or Hitting the Wall: Climate Change Law & Policy in the Post-Kyoto Era, speaker, chair, and organizer, Program at the Ontario Environmental Review Tribunal, Toronto, April 2008.
  • "Climate Change and the Kyoto Protocol: Perspectives and Prospects" (panelist), at 2008 Commerce and Engineering Environmental Conference, Queen's University School of Business, March 2008.
  • "Water Law 101" at 2008 International Development Conference, Queen's University, March 2008.
  • "Encouraging Environmentally Sustainable Communities" at Environmental Stewardship Workshop, School of Urban and Regional Planning, Queen's University, March 2008.
  • "Corporate Legal Identity and the Role of Government" at The New Wild West: Canadian Multinationals in the Global South, Queen's University, March 2008.
  • "Separation of Powers in the Ivory Tower: An Organizing Principle for University Governance" at 2008 Annual Meeting of the Association of American Law Schools, poster presentation, New York, January 2008.
  • "Property Rights, Utilitarian Government and Environmental Protection" at The Future of Freedom: Law and Liberty in Canadian Jurisprudence, Canadian Constitution Foundation, Toronto, October, 2007.
  • "Public Consent in Electricity Governance" (Commentator) at Good Governance and the North American Electricity Sector: Can North America's Federal Systems Meet the Challenges? Forum of Federations, QUIEEP and Natural Resources Canada, Toronto, October 2007.
  • "People and the Environment: Realities and Opportunities" at Think Again 2007, Conference of the Canadian Millenium Foundation, Ottawa, September 2007.
  • "Kyoto: Bruce Pardy Feature", The Current, CBC Radio (Monday, June 18, 2007) .
  • "Climate Change: Through the Lens of Developed and Developing" at Six Degrees of Separation: Media Fellowship Conference on Climate Change, Queen's University, May 2007.
  • The Great Debate: Environmentalism and Sustainability, Queen's University, March 29, 2007.
  • "Environmental Orthodoxy and the Ironic End of the World", The Last Debate on Earth Series, Queen's University, March 2007.
  • Conference Chair, Queen's Sustainability Network Conference 2007, Interest to Action, March 2007.
  • Is Kyoto for Canada? Panel discussion on the Kyoto Protocol, Queen's University, February 28, 2007.
  • The Ratings Game, American Association of Law Schools Annual Meeting, January 2007.
  • "Kyoto, Subsidies, and Energy Markets" in Oil and Gas and the Canadian Economy, Q'BET 2006 (Queen's Conference on the Business Environment Today), Kingston, November 2006.
  • "Ecosystem Creep and the Absence of Rules in Environmental Law", Canadian Association of Law Teachers Annual Meeting, York University, June 2006.
  • "Stakeholder Participation" (Session Chair) at 2nd J.E.L.P. Environmental Law Conference: Sharing Environmental Responsibility: Stewardship Obligations in the Corporate, Governmental and Non-Governmental
  • Sectors, University of Saskatchewan College of Law/Anglin Lake, Saskatchewan, June 2006.
  • "Are Humans Part of Nature? The Paradox of Ecological Citizenship", Environmental Studies Association of Canada Annual Meeting, University of Western Ontario, June 2005.
  • "The Paradox of Individualized Justice" Canadian Association of Law Teachers Annual Meeting, University of British Columbia, June 2005.
  • "One Step Forward, Two Steps Back: Kyoto and the UN Framework Convention on Climate Change", Environmental Lawyers in Government Conference, Toronto, Sept 2004.
  • "The Kyoto Protocol: Bad News for the Global Environment", First JELP Environmental Law Conference: Defining Canada's Environmental Priorities, University of Saskatchewan, June 2004.
  • "Liability for Contaminated Lands", Rethinking Brownfield Development: Linking Strategies, Technology, and the Planning Profession, Queen's University, March 2004.
  • "Leaving Standards Up in the Air: Flaws in the Kyoto Approach", 2003 Annual Meeting of the Canadian Association of Law Teachers, Dalhousie University, June 2003.
  • "Poor Students, Well Paid Lawyers: An Introduction to Post-Graduation, Income-Contingent Tuition Fees for Law Schools" 2003 Annual Meeting of the Canadian Association of Law Teachers, Dalhousie University, June 2003.
  • "Few Rights, Few Responsibilities: Seven Deadly Sins of Canadian Water Law", First International Conference on Water and Health, Towards a New Frontier in the Protection of Drinking Water, Ottawa, September 2002.
  • "The World Summit on Sustainable Development: Commentary", CBC Radio, August 28, 2002.
  • "The First Class of Law School: Professor, Your Fifteen Minutes Are Up" 2002 Institute for Law School Teaching Conference, Franklin Pierce Law Centre, Concord, NH, June 2002.
  • "Voluntarism and the Evolution of Environmental Law: A Dubious Path to an Uncertain Destination" 2002 Environmental Studies Association of Canada Annual Meeting, Voluntarism and Environmental Governance, University of Toronto, May 2002.
  • "Applying the Precautionary Principle to Private Actors: Is it Relevant to Civil and Criminal Liability?" 2001 Annual Meeting of the Canadian Association of Law Teachers, Joint Session of Administrative Law, Health Law, Environmental Law and International Law Sections, Laval University, May 2001.
  • "Whose Fault Is It When Corporations Pollute?" 2001 Human Rights Symposium, New England School of Law, Boston, February 2001.
  • "Not with a Bang but a Manager: The End of Environmental Protection", 2000 Thomas Jefferson School of Law Lecture Series, San Diego, March 2000.
  • "Logical Flaws in Ecosystem Management", 2000 California Western School of Law Faculty Seminar Series, San Diego, January 2000.
  • "Defining Risk Management", seminar for Wellington District Law Society, October 1998.
  • "Ecology, Law and Urban Planning - Can They Work Together?" California Western School of Law Lecture Series, San Diego, February 1998.
  • "The Case for Preservation" in The Great Environment Debate, NZ Institute of Public Law, Wellington, March 1997.
  • "The Death of Principle in Environmental Law", Spring Seminar Series, Faculty of Law, Victoria University of Wellington, November 1996.
  • "Baigent and the Bill of Rights: Mark Antony's Response" in The Great Debate on Baigent v Attorney-General, NZ Institute of Public Law, Wellington, September 1996.
  • "Contaminated Sites: The New Zealand Approach", presentation at Government and Public Sector Lawyers' Conference, Canadian Bar Association, Vancouver, August 1996.
  • "Planning for Serfdom in New Zealand: Reflections on Urban Regeneration", paper presented at the 11th Commonwealth Law Conference, Vancouver, August 1996.
  • "Baigent and the Tort of Breach of Statutory Duty", presentation at Symposium on the Interface between Tort and Public Law, NZ Institute of Public Law, July 1996.