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Natural Resources

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Thursday, August 09, 2018 @ 8:30 AM

MUNICIPAL BOARDS AND TRIBUNALS - Jurisdiction

Motion by the plaintiff for leave to appeal an Ontario Municipal Board decision that it had jurisdiction to direct it to contribute to the maintenance of a haul route. ... [read more]

Wednesday, August 08, 2018 @ 8:42 AM

MINES AND MINERALS - Exploration - Permit

Petition by Canada for an injunction enjoining a company from doing mining-related work. ... [read more]

Thursday, August 02, 2018 @ 8:25 AM

CONSERVATION - Conservation authorities - Wildlife management

Appeal by the petitioners from a judicial review judgment. ... [read more]

Tuesday, July 31, 2018 @ 1:37 PM

It’s getting easier to be green: Hydrogen technology developments and legal issues Hydrogencar

While the transportation industry has been abuzz recently over new electric vehicle technology, talk and focus may eventually turn to cars that emit nothing but water vapour, thanks to recent developments in hydrogen fuel cells and other hydrogen energy applications. Initiatives in Canada and abroad are providing industry, and lawyers, with exciting opportunities. ... [read more]

Monday, July 30, 2018 @ 11:20 AM

Lobster captains may be liable for bait infractions by crews, says lawyer

Maritime fishing skippers must be aware they could be held responsible for regulation infractions by their crew members, says a lawyer after a lobster captain was pinched for illegally using female crabs as bait. At the centre of the July 19 Prince Edward Island Court of Appeal decision in Griffin v. R. 2018 PECA 21 sat Kenneth Griffin, a licensed lobster fisherman convicted of using female rock crabs as bait, thus breaking rules laid out in the Atlantic Fisheries Regulations and the Fisheries Act. ... [read more]

Monday, July 30, 2018 @ 9:22 AM

Decision in fracking suit shows importance of assessing general knowledge in patent cases: lawyer Jenna Wilson, Wilson Lue LLP

A recent Federal Court of Appeal decision that overturned a lower court patent infringement ruling is being called illustrative of how a mistake in determining the common general knowledge of a person of an ordinary skill of the art (POSITA) in patent cases can have a “cascading effect” on other parts of the decision. ... [read more]

Friday, July 27, 2018 @ 11:20 AM

What B.C.’s doing to strengthen orphan well restoration oldoilwell

On May 17, 2018, new legislation that aims to strengthen B.C.’s orphaned well restoration and prevention regime received royal assent and came into force. The Energy, Mines and Petroleum Resources Statutes Amendment Act, 2018 will result in additional requirements for those seeking to develop oil and gas in B.C. through amendments to the Oil and Gas Activities Act (OGAA) and the Petroleum and Natural Gas Act. ... [read more]

Wednesday, July 25, 2018 @ 8:49 AM

The implications of capping Hydro One salaries and cancelling a wind farm powergrid_sm.jpg

On July 16, 2018, the Ontario government tabled Bill 2, the Urgent Priorities Act. This bill targets two energy companies to cause two very specific actions: 1) To give the province significant authority over executive compensation at Hydro One; and 2) To terminate the White Pines Wind Project. (The third part of the bill relates to ending the strike at York University which I do not discuss in this article.) ... [read more]

Monday, July 23, 2018 @ 9:20 AM

Legal, community groups asking B.C. premier to clarify liability issues for climate change

A number of organizations in British Columbia are calling for the provincial government to adopt a law that would require fossil fuel companies to share in the cost of the damage they say B.C. communities are experiencing due to climate change. A letter signed by more than 50 legal, environmental, Indigenous, human rights and faith groups is asking Premier John Horgan to bring in a Liability for Climate-Related Harm Act. ... [read more]

Friday, July 20, 2018 @ 8:42 AM

The pan-Canadian framework on climate change: Ontario v. Ottawa environment_canada_sm

The federal government created an eloquent solution to the problem of carbon emissions and climate change. Their backstop Greenhouse Gas Pollution Pricing Act (GHG) allows the provinces to create a number of homegrown solutions in order to deal with emissions within their own jurisdictions. The Ontario government appears to be in the enviable position of avoiding the political cost of pricing carbon and can throw the entire responsibility on the federal government. ... [read more]