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Natural Resources

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Friday, January 24, 2020 @ 9:06 AM

Sizing up Canadian energy industry 2020MapleLeafsmall.jpg

Energy is the power behind humanity, but is seen as a luxury by billions of people who do not have electricity. Crude oil is the world’s primary source of energy and stockpiles are held by countries for national security purposes during an energy crisis, which generally influences foreign policy. ... [read more]

Tuesday, January 21, 2020 @ 10:19 AM - Last Updated: Tuesday, January 21, 2020 @ 11:18 AM

SCC’s Wagner, Moldaver and Martin key to majorities in 2019 as top court divides in most judgments TLD Exclusive

Justices Michael Moldaver and Sheilah Martin and Chief Justice Richard Wagner were at the core of most Supreme Court of Canada majorities in 2019, an analysis of the nine judges’ voting patterns by The Lawyer’s Daily reveals. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Friday, January 17, 2020 @ 1:54 PM

Will carbon majors have to pay for climate damage? It’s quite possible Earth melting to water

When at risk of being forced to act by the courts, Canadian governments may choose to make the carbon majors pay instead of taxpayers. Governments have many ways to make the carbon majors pay for climate damage, including administrative orders under existing legislation. But is there a more direct route? ... [read more]

Thursday, January 16, 2020 @ 2:03 PM

Shift from shareholder to stakeholder is upon us | Helle Bank Jorgensen

World leaders will soon be gathering in Davos, Switzerland, for the World Economic Forum. This year’s conversations will focus on strategic topics, including stakeholder responsibility, climate change, inequality and the stability of the world economy — the theme of this year's meeting being “Stakeholders for a Cohesive and Sustainable World.” ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Wednesday, January 15, 2020 @ 10:26 AM

More legal work needed to protect new Arctic waterways: experts Aldo Chircop

The Arctic is warming at a rate two times faster than anywhere else in the world, according to the vast majority of environmental experts.  As once-impenetrable sea ice becomes navigable waterways, travel corridors open that had never before existed or been contemplated to exist. The new landscape raises serious environmental, Indigenous — and legal — issues. ... [read more]

Tuesday, January 14, 2020 @ 2:12 PM

Tree law in Canada: Loss of views Trees around log home

Claims involving a loss of view typically arise when an existing view is lost or modified by a new intrusion of some form. Outside Quebec, “… the law seems settled that there is no action in nuisance for loss of view.” Becze v. Edmonton (City) [1993] A.J. No. 679 at [36].  ... [read more]

Tuesday, January 14, 2020 @ 11:18 AM

Quebec court may annul transaction, release if ‘unfairly’ obtained Romainedam_sm.jpg

Polaris obtained from Hydro-Quebec (HQ) a contract to build a road leading to the La Romaine hydroelectric facility. Quickly, cost overruns occurred and, gradually, Polaris claimed an amount of $24.7 million from HQ. HQ demanded an audit, fully supported by forensic documentation in support of the additional costs. ... [read more]

Monday, January 13, 2020 @ 11:01 AM

More natural resources, environmental case law to watch in 2020 B&WPowerTower.jpg

In part one of this two-part article, we discussed the Independent Electricity System Operator (IESO) Market Rule challenge by the Association of Major Power Consumers in Ontario and the revocation of the Renewable Energy Approval for Nation Rise wind farm. In part two we discuss the recent Court of Appeal decision on the IESO’s Global Adjustment mechanism. This decision could have serious implications for how electricity costs get recovered in Ontario.  ... [read more]