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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]

Thursday, May 24, 2018 @ 11:13 AM

B.C. has strong case in challenge of Alberta fuel law: legal experts Eric Adams, University of Alberta Faculty of Law

The B.C. government has challenged an Alberta law designed to choke off fuel supplies to British Columbia, saying it would cause “irreparable harm” and runs contrary to Canada’s Constitution, and legal experts are saying the province is on solid ground in one aspect of its court challenge, but may be vulnerable in another area. ... [read more]

Wednesday, May 23, 2018 @ 9:34 AM

Securities regulators to issue guidance on disclosure of climate change-related risks climate_change_sm.jpg

In recent years, there has been increasing scrutiny in both Canada and abroad on the disclosure by reporting issuers of material climate change-related risks, opportunities and financial impacts. ... [read more]

Friday, May 18, 2018 @ 5:59 PM

Supreme Court affirms workers’ compensation board’s authority to impose fine on forestry company Paul Daly

In a noteworthy judicial review case from B.C., the Supreme Court of Canada has divided over how to determine whether a workers’ compensation board had the requisite statutory authority to promulgate the workplace safety regulation under which a forestry company was fined for not ensuring the safety of a worker killed on the job. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Wednesday, May 09, 2018 @ 8:44 AM

FORESTRY AND TIMBER - Logging grounds - Crown lands

Appeal by BC from the dismissal of its action against Canfor and Barlow. Canfor cross-appealed from the dismissal of its counterclaim. ... [read more]

Tuesday, May 08, 2018 @ 11:51 AM

Former Saskatchewan premier joins Osler

Brad Wall is now a special adviser at Osler, Hoskin & Harcourt LLP. ... [read more]

Monday, May 07, 2018 @ 6:41 AM

Federal Court ruling sparks renewed criticism of NAFTA investor-state dispute resolution Lisa Mitchell

A Federal Court ruling in favour of an American company that is seeking millions in damages from Canada has prompted environmental groups to renew their calls for Ottawa to push to scrap the NAFTA Chapter 11 investor-state dispute resolution system during the ongoing free trade renegotiations with the United States and Mexico. ... [read more]

Friday, May 04, 2018 @ 11:53 AM

B.C. introduces ‘long needed’ public sector whistleblower protection Calvin Sandborn, legal director, Environmental Law Centre, University of Victoria

The government of British Columbia has introduced legislation to protect whistleblowers in the provincial public sector, and experts are saying the legislation was a long time coming but could still use some work. The new Public Sector Disclosure Act (PIDA) includes multiple reporting options for whistleblowers, protections of confidentiality, investigative powers and a requirement that public bodies and the Office of the Ombudsperson file annual reports about disclosures. ... [read more]