Natural Resources
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May 23, 2024
PUBLIC UTILITIES — Electricity — Rate of return regulation
Appeal by National Steel Car Ltd. from application judge’s conclusion that costs of the feed-in-tariff renewable electricity procurement program (“FIT Program”) were valid regulatory charges. The appellant, National Steel Car Ltd., argued that the application judge erred by finding that to establish colourability, the appellant had to show that the Government of Ontario had lied.
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May 22, 2024
New sanctions aimed at Russia–N. Korea arms trade for weapons used in illegal war on Ukraine
Two Russians and six Russian entities are targeted by the latest sanctions Canada has imposed in response to the Putin regime’s illegal war of aggression against Ukraine.
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May 17, 2024
Obsidian Energy seeks arrest of First Nation leaders over oil field blockade
Alberta-based Obsidian Energy is seeking the arrest of the chief and other members of the Woodland Cree First Nation (WCFN) over a blockade of one of the company’s oil fields by the First Nation, according to a release.
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May 15, 2024
130-year-old Kingston firm welcomes new associate
After graduating from Dalhousie’s Schulich School of Law and articling in Nova Scotia, Sean Davidson is returning to his hometown of Kingston, Ont., to join Cunningham Swan Carty Little & Bonham LLP as an associate on the firm’s general litigation team.
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May 13, 2024
Court permits CN Railway to proceed with $250M container terminal project pending appeal
The Federal Court of Appeal has permitted the Canadian National Railway Company (CN) to continue construction of a $250 million intermodal container transfer facility in Milton, Ont., pending the outcome of an appeal concerning the government decision authorizing the project.
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May 10, 2024
Supreme Court of Canada clarifies how to assess compensation for constructive expropriation
The Supreme Court of Canada has explained how to assess compensation payable for constructive expropriation of private land by public authorities in a unanimous decision that reverses a ruling below that pegged what the City of St. John’s owes to a property owner to the land’s prospective market value if it were permitted to be developed for residential use, rather than to its much lower market value as land which is currently zoned “watershed,” with only limited discretionary agriculture, forestry and public utility uses.
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May 10, 2024
British Columbia prohibits new jade-mining tenures in northwestern B.C.
British Columbia has issued an immediate Environment and Land Use Act order prohibiting jade mining on new tenures in northwestern B.C. and giving current tenure holders five years to continue jade mining with enhanced reclamation requirements.
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May 10, 2024
B.C. court strikes misfeasance, constructive taking claims in relation to mink farming ban
The B.C. Supreme Court has struck claims brought against British Columbia and several provincial government officials over an order that began the process of shutting down mink farms in British Columbia.
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May 10, 2024
Federal Court affirms Employment Insurance Commission’s decision to disentitle EI benefits
In the complex realm of administrative law, the recent ruling by the Federal Court sheds light on the intricacies of employment insurance (EI) entitlements. Mr. Puig, an international student seeking regular EI benefits, found himself embroiled in a legal dispute after being disentitled from benefits in March 2021 due to study permit restrictions. Exploring the intricate issues of policy interpretation, evidentiary requirements, and judicial discretion, this case encapsulates the challenges faced by individuals navigating the complexities of administrative processes (Puig v. Canada (Attorney General), [2024] F.C.J. No. 517.
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May 10, 2024
Pioneering sustainability: Charting new frontiers in fund finance
In recent years, sustainable finance has become increasingly prevalent, reflecting a growing awareness of environmental, social and governance (ESG) factors within the finance sector. The release of the Guide to the Application of the Sustainability Linked Loan Principles in Fund Finance (Guide) in March 2024 marks a significant milestone in this evolving landscape.