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Wednesday, June 19, 2019 @ 2:24 PM

Indigenizing justice | Kurt Sandstrom

As we celebrate National Indigenous Peoples’ Day (June 21) and their culture, achievements and contributions, this is also an opportunity to consider how the justice system can better meet the needs of Indigenous people. ... [read more]

Wednesday, June 19, 2019 @ 9:46 AM

‘Ambiguity’ in Federal Court of Appeal ruling over flooded Indigenous lands could spur appeal to SCC: scholar John Borrows

Two years ago, in Southwind v. Canada 2017 FC 906, the Federal Court awarded Lac Seul First Nation in northwestern Ontario $30 million in equitable compensation for breach of the federal government’s fiduciary duty after a dam — built in the township of Ear Falls in 1929 as part of a hydroelectric project to generate power across the Ontario-Manitoba border to Winnipeg — raised the water level of the lake and resulted in flooding of 17 per cent of the reserve, or 11,304 acres of land. ... [read more]

Monday, June 17, 2019 @ 2:54 PM

Major subrogation trial proves value of good record keeping oilbarrelspillclose_sm.jpg

On March 28, 2019, Justice Gillian Marriott released her decision in ISH Energy Ltd. v. Weber Contract Services Inc. [2019] A.J. No. 391 and found in favour of ISH Energy Ltd. ... [read more]

Friday, June 14, 2019 @ 12:46 PM

Does corporate successor liability apply in Canada? corporate_liability_sm

Few doctrines at common law evoke more trepidation for the buyers in an asset purchase agreement than the doctrine of corporate successor liability. ... [read more]

Wednesday, June 12, 2019 @ 1:49 PM

Lessons from one of Canada’s largest ever subrogation trial judgments Oilcan Spill

On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. The leak occurred at ISH’s Desan field, in a remote area of northern B.C. The ensuing investigation revealed several leaks on three different pipelines. ... [read more]

Friday, June 07, 2019 @ 8:39 AM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Federal legislation

Reference for an advisory opinion on the question of whether the Greenhouse Gas Pollution Pricing Act was unconstitutional in whole or in part. ... [read more]

Monday, June 03, 2019 @ 3:07 PM

Water, waste, wildlife: Canada’s Environment Week 2019 Garbageboat

Since 1971, the week of June 5 has been declared by federal law as “Canadian Environment Week.” According to a federal website, this event “celebrates Canada’s environmental accomplishments and encourages Canadians to contribute to preserving and protecting their environment.” ... [read more]

Monday, June 03, 2019 @ 9:30 AM

Pipeline decision raises key issues needing clarification from SCC: B.C. attorney general B.C. Attorney General David Eby

The government of British Columbia has pledged to fight a ruling by the provincial Court of Appeal that it did not have jurisdiction to enact legislation regulating the flow of oil in the province, and a legal expert is saying it is long overdue for the Supreme Court to look at the issue of constitutional limits on environmental regulations. ... [read more]

Friday, May 31, 2019 @ 12:16 PM

Canada’s carbon pricing system demystified: Taxes vs. regulatory charges 3 oil barrels

Recently, the Saskatchewan Court of Appeal ruled, in a majority decision of 3 – 2, that the Greenhouse Gas Pollution Pricing Act  was constitutional. Somewhat more surprisingly, given the political issues surrounding “carbon tax,”  the majority disagreed among themselves about whether the charges under the Act were even “taxes” at all, at least in the constitutional sense of the term. ... [read more]

Monday, May 27, 2019 @ 2:15 PM

Garbage wars: May the trash be with you | Marcel Strigberger

Is Canada going to war soon? Rubbish. That’s what it’s all about. About five years ago Canada shipped over 100 containers that allegedly contained plastic recyclables to the Philippines. After these “goods” arrived, inspectors found that more than half of the bins actually contained waste including household garbage and soiled adult diapers. ... [read more]