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Friday, April 20, 2018 @ 11:54 AM

Environmental, First Nations authority over Trans Mountain pipeline unclear: legal experts Eugene Kung, West Coast Environmental Law

The Trans Mountain pipeline project has inflamed passions across the country, but nowhere more than in British Columbia. The provincial government has promised to do everything in its power to stop it, but legal experts are divided over whether it has the constitutional wherewithal to do so. ... [read more]

Thursday, April 19, 2018 @ 12:12 PM

Strengthening the new environmental impact assessment law pipeline2.jpg

Where a resource extraction approval faces stubborn opposition, cue the laments for the rule of law. The project faced and bested a phalanx of legal hurdles, say proponents. It has navigated byzantine regulatory requirements and survived court challenges. Why can’t opponents accept the lawful results? After all, that’s why we have laws: to settle controversies with logic and evidence rather than messy political fracases. ... [read more]

Wednesday, April 18, 2018 @ 12:14 PM

Making claim subrogation work despite bankruptcy Colville_Reeves_bankdruptcy

What’s in a name? Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings. This is the circumstance faced by the insurer in Douglas v. Stan Fergusson Fuels Ltd. 2018 ONCA 192. What would have otherwise been a garden variety oil spill subrogated action was complicated by ongoing bankruptcy proceedings involving the insureds. ... [read more]

Thursday, April 12, 2018 @ 11:00 AM

B.C. Appeal Court decision clarifies duty on forest fire watches: Crown

The B.C. Court of Appeal has ordered a new trial to determine liability for a 2010 forest fire that caused over $5 million in damages, stating the original trial judge erred when interpreting provincial regulations on when a company’s obligation to conduct a fire watch begins and ends. ... [read more]

Wednesday, April 11, 2018 @ 2:01 PM

Canada’s Impact Assessment Act: Boon or boondoggle? Lindgren,assessment

Since the 1970s, an environmental assessment process has existed at the federal level to gather information and make informed decisions about the biophysical and socioeconomic impacts of diverse types of projects, such as mines, energy pipelines and radioactive waste facilities. ... [read more]

Wednesday, April 11, 2018 @ 8:29 AM

FISHING - Licensing and registration - License types - Commercial fishery - Constitutional proceedings - Practice and procedure - Courts - Jurisdiction

Motion by the respondent Attorney General of Canada for summary judgment. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 03, 2018 @ 2:16 PM

Western names new fellow

Elizabeth Steyn is joining Western University’s faculty of law as the Cassels Brock fellow in mining and finance law. ... [read more]

Monday, March 26, 2018 @ 1:31 PM

Supreme Court welcomes its newest member as Martin dons the red robes Sheilah Martin

When Supreme Court Justice Sheilah Martin’s proud father drove her back and forth to the train that took her from a Montreal suburb to McGill University’s law school, her dad assured her she had the right stuff to one day join the nation’s highest court. ... [read more]

Thursday, March 22, 2018 @ 9:04 AM

SCC to decide on insolvent companies’ environmental liabilities Redwater

On Feb.15, 2018, the Supreme Court of Canada heard arguments in the much-discussed Redwater case (Orphan Well Association v. Grant Thornton Limited 2017 ABCA 124), which has attracted national interest since it highlights the growing tension between secured lenders and regulators over the issue of environmental liabilities, as court-appointed officers in bankruptcy and insolvency proceedings exercise their powers to disclaim certain assets for the benefit of debtor companies’ stakeholders. ... [read more]