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Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 4:31 PM

SCC affirms laws are not a ‘service’ open to challenge at a federal human rights tribunal Clément Gascon

The Supreme Court of Canada has unanimously upheld a human rights tribunal’s dismissal of complaints against the refusal to register certain people as “Indians” because their direct attack on the legislated eligibility requirements for registered Indian status does not amount to a complaint about the discriminatory provision of a “service” under s. 5 of the Canadian Human Rights Act (CHRA). ... [read more]

Monday, June 11, 2018 @ 12:57 PM

Doug Ford vs. Ontario Hydro brass | Caroline Jageman

On June 7, Doug Ford received a strong mandate from Ontario voters to implement his vision for the province. ... [read more]

Friday, June 08, 2018 @ 9:45 AM

B.C. Court of Appeal decision clarifies scope of collateral attack doctrine: lawyer Arden Beddoes, Arvay Finlay LLP

The B.C. Court of Appeal has reinstated an energy company’s civil action for misfeasance against the province over its denial of a permit for a hydro project, saying a lower court judge erred when she determined the case was a collateral attack against provincial decision-makers. ... [read more]

Thursday, June 07, 2018 @ 8:44 AM

‘Unprecedented’ the new norm in Canada-U.S. trade relations trade_war_sm

“We have to believe that at some point their common sense will prevail,” said Prime Minister Justin Trudeau, echoing the thoughts of many throughout his country and around the world following the latest escalation in the ongoing trade war between Canada and the United States. ... [read more]

Tuesday, June 05, 2018 @ 10:41 AM

B.C. First Nation can’t reopen evidentiary record in pipeline case: Federal Court of Appeal

A British Columbia First Nation has failed to reopen the evidentiary record in its challenge to the controversial Trans Mountain pipeline expansion project. The Tsleil-Waututh Nation, a Coast Salish people centred around the Burrard Inlet area, are currently in the process of challenging the environmental assessment surrounding the project, which will bring diluted bitumen (dilbit) from the Alberta oil sands to Burnaby, B.C. ... [read more]

Monday, June 04, 2018 @ 8:25 AM

The First Nations’ agenda in the Ontario election | Pamela Palmater

In Ontario, many First Nations have their focus on Election 2018 and what it might mean for their relationship with the Crown in right of the Province of Ontario. In theory, it shouldn’t matter which party gets elected in Ontario assuming they follow the rule of law which includes respecting Indigenous laws, the right to be self-determining, inherent rights, Aboriginal rights and title, treaty rights and the right to free, prior and informed consent. However, we know from practice that federal and provincial governments breach Aboriginal rights more than they honour them – so in that respect, it really does matter which party is elected – at least to some degree. ... [read more]

Tuesday, May 29, 2018 @ 12:26 PM

Alberta clarifies what are reasonable interest rates under provincial balancing pool scheme tax_regulation_sm

In the recent decision of Alberta v. ENMAX Energy Corporation 2018 ABCA 147, the Alberta Court of Appeal considered whether interest on certain intercompany debt was reasonable, and therefore deductible in pro forma tax calculations required, under Alberta’s payment in lieu of tax regulation (PILOT). ... [read more]

Tuesday, May 29, 2018 @ 8:45 AM

The Ontario election: possible impact on energy projects | Caroline Jageman

As was the case in the last two Ontario provincial elections, energy policy is again a central issue in 2018. The incumbent Liberals pledge to stay the course on a green, low carbon economy. The PC Party has indicated it intends to make sweeping changes. The NDP promises to continue with a renewables policy and a carbon pricing program. Andrea Horwath has also indicated that, if elected, the NDP would buy back Hydro One. ... [read more]

Monday, May 28, 2018 @ 12:35 PM

Court tosses Ecuadorian case vs. Chevron Canada, but ‘corporate separateness’ principles questioned Peter_Grant_sm

The lost Ontario appeal of Ecuadorian villagers seeking billions from the Canadian subsidiary of a U.S. energy company for environmental damage caused in their homeland speaks to “bedrock principles” of corporate separateness, but leaves a door slightly open for future courtroom debate, says one legal mind. ... [read more]