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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]

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]