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Monday, December 23, 2019 @ 8:36 AM

Stikeman adds six associates to Montreal office

Stikeman Elliott announced that six associates have joined the firm’s Montreal office. ... [read more]

Friday, December 20, 2019 @ 5:09 PM

SCC divides 7-2 in first post-Vavilov application of the new framework for judicial review Supreme Court Justice Malcolm Rowe

In its first post-Vavilov judicial review decision, the Supreme Court of Canada has divided 7-2 to reinstate as “reasonable” the decision of an appeals officer with the Occupational Health and Safety Tribunal Canada (OHSTC) who determined that Canada Post did not breach its workplace safety obligations by not inspecting for safety its postal carriers’ delivery routes and drop-off locations. ... [read more]

Friday, December 20, 2019 @ 12:19 PM

Will carbon majors have to pay for climate damage? Earth melting to water

The climate crisis is already causing large financial losses and much more is ahead. Most of the fossil fuels that are driving this crisis have been produced and sold by 103 companies, the major fossil fuel producing companies (carbon majors). Can they be made to pay for it? ... [read more]

Friday, December 20, 2019 @ 11:12 AM

Future may be bright: Climate change forecast effect on businesses, adaptation strategies Businessenvironment_sm.jpg

Climate change is an issue that is increasingly on the radar of businesses, consumers and governmental agencies. The prevalence of climate change in business agendas is largely a result of the potential substantial risk that it presents, making risk mitigation and adaption strategies a priority. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Friday, December 20, 2019 @ 8:43 AM

Federal Court of Appeal ruling highlights importance of scrutinizing ad hoc clauses: lawyer Eli Lederman, Lenczner Slaght

The Federal Court of Appeal has upheld a trade tribunal’s decision not to look into the federal government’s decision to award telecommunications work to Bell Canada for the 2018 G7 Summit in Quebec because it was covered by ad hoc provisions in previous contracts, but added such clauses could potentially be subject to review if they deal with a substantial amount of the value of the contract. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 10:32 AM

New business law partner, associate for Gowling WLG

Gowling WLG announced that Marc Tremblay and Stefan Nasswetter have joined its business law group as a partner and associate, respectively, based in the firm’s Montreal office. ... [read more]

Thursday, December 19, 2019 @ 9:53 AM

Liens on municipal lands: Exempt lands, projects Constructionsite_sm.jpg

The Alberta Builders’ Lien Act creates a charge on land as security for payment for services rendered or materials furnished to construction projects. Alberta municipalities are subject to the requirements of the Act, even though interests in land held by the provincial and federal governments are exempt. Although municipal projects do not benefit from a general exemption, there are certain exemptions that are highly relevant to municipalities. There are statutory and judge-made exemptions for public highways, bridges, municipal reserve lands and, in limited circumstances, other projects based on “public policy” reasons. ... [read more]

Thursday, December 19, 2019 @ 8:43 AM

Financial regulator reveals updated rules on liquidity for banks, trust companies Cristie Ford, UBC School of Law

The body that regulates financial institutions in Canada has issued updated rules aimed at ensuring banks and trust companies have a plan in place to raise enough cash to meet their commitments and reduce losses in the face of market pressures. ... [read more]