Tuesday, January 14, 2020 @ 2:12 PM
Tree law in Canada: Loss of views
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
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
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]
Friday, January 10, 2020 @ 10:02 AM
When Quebec Court of Appeal can overlook ‘entire agreement clause’
Invenergy produces and sells electricity generated by wind towers. Éolectric finds suitable sites, maps them, obtains regulatory approvals and then collects royalties from Invenergy. ... [read more]
Friday, January 10, 2020 @ 9:01 AM
Climate change: Parties to M&A must be diligent
Climate change has the potential to impact an exceptionally wide range of businesses, and failure to assess these risks when evaluating M&A opportunities may result in costly mistakes. As a result, businesses need to be especially diligent in their assessment of a range of factors that may be impacted by the changing climate when completing M&A transactions. While the risks that should be considered will, of course, vary between transactions, the following is a list of climate-related factors that will likely be relevant to the majority of M&A transactions. ... [read more]
Friday, January 10, 2020 @ 6:24 AM
Environmental controversies take centre stage as Supreme Court of Canada opens winter session
The constitutionality of Ottawa’s carbon pricing regime and Ontario’s sex offender registry are both under the microscope in the Supreme Court of Canada’s winter session, which will also examine whether British Columbia can validly make environmental regulations that could impede the planned expansion of the controversial Trans-Mountain (TMX) pipeline. ... [read more]
Thursday, January 09, 2020 @ 12:10 PM
Will carbon majors have to pay for climate damage? Governments could make them
As shown in part one of this article, the climate crisis is already causing large financial losses. Governments and individuals will increasingly face overwhelming bills. Most of the fossil fuels that are driving this crisis have been produced and sold by 103 companies, the carbon majors. Can they be made to pay for the resulting damage? ... [read more]
Wednesday, January 08, 2020 @ 1:40 PM
Natural resources, environmental cases to watch in 2020
Last year was very eventful for those practising in the energy sector. There have been some very important legal and policy decisions around carbon emissions and the Feed-in Tariff (FIT) program that will continue to have an impact into the new year. This is the first part of a two-part article where we discuss three other key cases to watch in 2020. ... [read more]
Tuesday, January 07, 2020 @ 1:19 PM
Law doesn’t recognize any right to blockade, says judge in pipeline disputeA B.C. Supreme Court judge has issued an injunction against members of a First Nation who have erected barriers to prevent the construction of a contentious natural gas pipeline and argue it does not have consent under the terms of their traditional, hereditary laws. ... [read more]
Monday, January 06, 2020 @ 2:42 PM
Multiple masters: A modern lawyer’s dilemma | Gary JosephThe website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]
