Natural Resources
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June 24, 2024
Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc.: Interpreting exclusion clauses, part two
Last article, we provided the background regarding Earthco, a case regarding express agreements Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., [2024] S.C.J. No. 20. In today’s article, we discuss the litigation history and Supreme Court of Canada Decision.
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 21, 2024
Court of Appeal rules $730K business debt for pipeline cleanup not covered by B.C. environmental law
The British Columbia Court of Appeal has allowed an appeal in a ruling that found that the lower court judge erred in determining that a creditor’s recovery claim for environmental remediation work related to a pipeline spill involved issues to be tried, rather finding that there was no cause of action.
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June 21, 2024
National Indigenous Peoples Day: ‘For some reason, I don’t feel lucky’ | Tony Stevenson
Today has been declared National Indigenous Peoples Day. We recognize and celebrate the history, heritage, resilience and diversity of First Nations, Inuit and Métis across Canada. Every year, numerous activities are organized across the country on June 21 to showcase the richness and diversity of First Nations, Inuit and Métis cultural expressions and stories. This holiday was given to my people in 1996 by the then-governor general Romeo Leblanc.
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June 20, 2024
Feds promise faster permitting processes to accelerate green infrastructure projects
Ottawa’s Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects is recommending the launch of a federal permitting co-ordinator on clean growth projects and faster permitting times, including a limit of three years on nuclear projects.
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June 20, 2024
Ottawa lists Iran’s Islamic Revolutionary Guard Corps as a terrorist entity in Criminal Code
The Government of Canada listed the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist entity under the Criminal Code, effective June 19, 2024.
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June 19, 2024
Bill C-73 sparks hope for nature and biodiversity protection
On June 13, 2024, the federal environment minister introduced Bill C-73, the Nature Accountability Bill.
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June 20, 2024
Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc.: Interpreting exclusion clauses
Across Canada, numerous statutes exist to protect parties to a contract. One common tension is counterbalancing the protection of parties and the right to voluntarily and consensually avoid certain duties or liabilities. With this theme in mind, some statutes allow parties to contract out of duties and liabilities. For example, s. 53 of Ontario’s Sale of Goods Act states:
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June 19, 2024
Alberta-sponsored report predicts $282 billion in lost GDP from proposed oil and gas emissions cap
A report by consulting firm Deloitte Canada has proposed that the federal government's proposed oil and gas emissions cap could cost Canadians $282 billion in lost GDP over a 10-year period, $191 billion of which would come out of Alberta.
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June 18, 2024
Proposed changes to Health Canada’s pesticide regulations aimed at improved transparency
As the spring growing season hits full bloom, the federal government has announced proposed amendments to the Pest Control Products Regulations (PCPR), marking what one toxicology expert says is a welcome step away from the opaque regulatory process that Canada has traditionally followed.