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Monday, October 23, 2017 @ 10:39 AM

Post-Energy East, what's next for Canada's energy policy as NEB is modernized? Pipeline

There is an ongoing debate as to whether TransCanada's decision to withdraw its application was a response to the National Energy Board's GHG emission scoping decision or to the company's market assessment. The issue can and should be clarified by the federal government and ultimately by Parliament — which should also recognize the nexus between climate and energy policy in legislation. ... [read more]

Friday, October 20, 2017 @ 8:31 AM

OIL AND GAS - Pipelines - Right of way

Appeal by Coldwater Indian Band (Coldwater) from the dismissal of its application for judicial review of a decision by the Minister of Indian Affairs and Northern Development (Minister), consenting to the assignment of the easement indenture from one affiliate of Kinder Morgan Canada Inc. (Kinder Morgan) to another affiliate. ... [read more]

Wednesday, October 18, 2017 @ 9:45 AM

An ill wind blowing: Insurers are bracing for challenges from climate change Climate change

Weather is one of the greatest catalysts of insurance claims, and coverage for everything from business interruption and environmental liability to automobiles and property is susceptible due to a changing climate. Litigation can be expected once governments in Canada implement legislation that provides measurable standards. ... [read more]

Tuesday, October 17, 2017 @ 1:57 PM

Federal government reaches ‘significant’ land claim settlement with B.C. First Nation Robert Hamilton, University of Calgary Faculty of Law

A land claim agreement between the federal government and a B.C. First Nation which was dispossessed of its land in the 19th century is being called “significant” due to its size and scope. ... [read more]

Thursday, October 12, 2017 @ 12:43 PM

Regulatory hurdles not determining factor in death of Energy East project: experts Nigel Bankes, University of Calgary Faculty of Law

Energy giant TransCanada has pulled the plug on its contentious Energy East pipeline, which would have brought crude from the Alberta oil sands to refineries in New Brunswick. But legal experts question the assertion that barriers put in place by the National Energy Board (NEB) and the federal government were the determining factor in the project’s demise. ... [read more]

Wednesday, October 11, 2017 @ 2:40 PM

Overeager experts get wake-up call as they battle it out in environmental litigation Boxing

Experts are increasingly being reminded that they owe a duty of loyalty to the court or tribunal, not to clients, as outlined in the Rules of Civil Procedure in Ontario. At the same time, a clear message has been sent that communication between experts and environmental counsel is allowed, but it must not be improper or coercive. ... [read more]

Friday, October 06, 2017 @ 11:42 AM

Alberta Court of Appeal decision on drug testing 'may have legs' to go to Supreme Court Michael Lynk, Western University Faculty of Law

A major labour union is vowing to take a case regarding random drug and alcohol testing to the Supreme Court of Canada, but legal experts are in disagreement as to whether it would be heard by the nation's top justices. ... [read more]

Friday, October 06, 2017 @ 7:24 AM

Pipeline ruling may have impact on federal-Indigenous relations: observers F. Matthew Kirchner, Ratcliff & Company LLP

The Federal Court of Appeal has ruled the federal government failed in its legal obligation to act in the best interests of a British Columbia First Nation in regards to changes to the contentious Trans Mountain Pipeline, a decision observers are saying may have an effect on relations between the federal government and Indigenous peoples. ... [read more]

Wednesday, October 04, 2017 @ 2:53 PM

Ontario court orders Ecuadorian plaintiffs to secure nearly $1 million in costs before appeal in Chevron case Marc_McAree_sm

A group of Ecuadorian villagers has been ordered to put up almost $1 million in security for court costs as part of a long-shot appeal in an ongoing pollution claim against an American energy company and its Canadian subsidiary. ... [read more]

Wednesday, October 04, 2017 @ 10:38 AM

Trans Mountain mega-judicial review highlights the politics of intervention Oil tanker

After winning approval from the federal government, the controversial pipeline expansion project is now being challenged in the courts in 16 consolidated applications. For British Columbia, the road to the hearing was anything but smooth, thanks to the Federal Court of Appeal. ... [read more]