Natural Resources
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June 03, 2024
Court of Appeal: Crown had no duty to consult First Nations when revoking regulation
The Ontario Court of Appeal has upheld a lower court decision that found the Crown had no duty to consult First Nations regarding the Ontario government's decision to revoke an environmental regulation.
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June 03, 2024
Privilege waived after submitting incident response report to regulators
A recent decision out of the Alberta Court of Appeal in CNOOC Petroleum North America ULC v. ITP SA, 2024 ABCA 139, found that one company waived privilege over its investigative reports into a pipeline incident when it handed over the reports to regulators.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
Port Moody joins six other B.C. municipalities in ‘Sue Big Oil’ campaign to recover climate costs
The City of Port Moody, B.C., has passed a resolution in support of a proposed class action against large fossil fuel companies over the costs of preparing communities for climate change, according to a release.
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May 30, 2024
Alberta lashes out at proposed expansion of federal anti-greenwashing laws
Alberta’s environment minister is crying foul over Ottawa’s proposed Bill C-59, saying its anti-greenwashing measures will amount to a gag order on Canada’s oil and gas industry.
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May 27, 2024
GAAR, financial losses and acquisition of control in Madison Pacific Properties Inc. v. The King
In late December 2023, the Tax Court of Canada handed down a lengthy judgment focused on the application of the general anti-avoidance rule (GAAR). GAAR decisions are relatively few and in Madison Pacific Properties Inc. v. The King, 2023 TCC 180 the Tax Court provides further clarification regarding its application.
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May 27, 2024
Indigenous Peoples’ Court welcome addition to city of Sudbury | Michael Michel
On May 2, 2024, Sudbury, Ont., became home to the 20th Indigenous Peoples’ Court in the province. In a special sitting of the Ontario Court of Justice, members of local First Nations, the judiciary and various community stakeholders gathered to celebrate this momentous occasion.
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May 24, 2024
Ontario Convocation talks criminal charge disclosure, heats up over bullying, money for diversity
A committee with Ontario’s law society is considering recommending that the regulator expand the amount of lawyer information it makes public — including if a member has been hit with criminal charges.
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May 23, 2024
$450M lawsuit against Nova Scotia would be cancelled under proposed settlement deal
The government of Nova Scotia would avert a $450 million lawsuit as part of a proposed settlement with pulp and paper giant Paper Excellence Group related to longstanding environmental pollution from the company’s Northern Pulp mill and an effluent facility on Boat Harbour in Pictou County.
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May 23, 2024
Regulator limited the tort liability of a regulated entity | Sara Blake
Can a regulator limit a utility’s liability in tort as a term of approval to do a project? Yes, says the British Columbia Court of Appeal in City of Richmond v. British Columbia Utilities Commission, 2024 BCCA 16.