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Monday, March 29, 2021 @ 2:01 PM

Ontario fails in second attempt to shut down landmark climate change challenge Danielle Gallant, lawyer, Ecojustice

A key climate change lawsuit pitting seven young environmentalists against the Ontario government has cleared another legal hurdle. In a brief March 25 decision in Mathur v. Her Majesty the Queen in Right of Ontario 2021 ONSC 1624, a Divisional Court appeal panel comprised of Justices Katherine E. Swinton, Deena F. Baltman and Freya Kristjanson dismissed the Ontario government’s motion for leave to appeal a Nov. 12 decision by Superior Court Justice Carole J. Brown in Mathur v. Ontario 2020 ONSC 6918. ... [read more]

Monday, March 29, 2021 @ 8:24 AM

What corporate lawyers should know about top court’s carbon pricing ruling | Janis Sarra

On March 25, the Supreme Court of Canada rendered its long-awaited judgment on the constitutionality of the Greenhouse Gas Pollution Pricing Act (GGPPA), finding in Reference re Greenhouse Gas Pollution Pricing Act 2021 SCC 11 that Parliament has jurisdiction to enact the law as a matter of national concern under the “peace, order, and good government” clause of s. 91 of the Constitution Act. ... [read more]

Friday, March 26, 2021 @ 1:02 PM

Confidence in virtual proceedings important for justice system Headphone and mike on a laptop

Confidence in virtual proceedings is important for the justice system now that it seems clear that virtual is going to be a part of how civil, criminal and administrative hearings in Canada, and globally, will be conducted long term, even after the COVID-19 pandemic is behind us. ... [read more]

Friday, March 26, 2021 @ 12:10 PM

Manitoba, Saskatchewan react to Supreme Court carbon tax ruling

Manitoba will press on with its legal battle against the federal carbon tax, while Saskatchewan will introduce its own tax following the Supreme Court’s ruling that Ottawa’s carbon pricing is constitutionally sound. On March 25, the Supreme Court of Canada ruled 6-3 that the federal government’s implementation of its Greenhouse Gas Pollution Pricing Act (GGPPA) falls within its powers. ... [read more]

Thursday, March 25, 2021 @ 4:28 PM - Last Updated: Thursday, March 25, 2021 @ 5:02 PM

‘Grave threat’ of climate change justifies federal carbon pricing standards, Supreme Court rules Chief Justice Richard Wagner

The Homeric odyssey of Canada’s fight against climate change has taken another step after the Supreme Court ruled the federal government has the right to impose minimum carbon pricing standards on the provinces and territories. In a 6-3 decision, the court has ruled that the Greenhouse Gas Pollution Pricing Act (GGPPA), which sets minimum national standards on greenhouse gas (GHG) pricing, falls within Parliament’s powers to legislate with respect to matters of national concern for the peace, order, and good government (POGG) of Canada under s. 91 of the Constitution Act, 1867. ... [read more]

Thursday, March 25, 2021 @ 12:37 PM

Quebec river has legal personhood: What that means for granting nature rights | Sean Nixon

Renowned for its white-water rapids, the Muteshekau-shipu river (also known as the Magpie River) stretches 300 kilometres through Quebec. ... [read more]

Thursday, March 25, 2021 @ 9:49 AM

Canada, U.K. free trade negotiations not likely to be controversial, legal experts say Lawrence Herman, Herman & Associates

Ottawa has launched a process which could see Canada signing a new trade agreement with the United Kingdom, less than a year after Britain completed its painful divorce from the European Union. ... [read more]

Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Tuesday, March 23, 2021 @ 1:27 PM

Future of commercial real estate Row of various business buildings

Across the commercial property sector, retail, among many others, continues to evolve through the Internet as it increasingly favours e-commerce as an alternative trading medium to brick and mortar shops. With a few notable exceptions, COVID-19 has catalyzed this process by extinguishing footfall and dragging the profits of non-essential retailers to all-time lows. ... [read more]

Tuesday, March 23, 2021 @ 11:50 AM

Responding to improved pandemic scams Phone with COVID scam symbol

Recently, we published a piece about common COVID-19 scams and how to reduce one’s risk of being a victim of fraudsters. In the below article, we list and describe some other scams. We also provide useful advice about how to combat fraud. ... [read more]