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Natural Resources

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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]

Wednesday, May 02, 2018 @ 1:11 PM

Protecting your foreign investment Manon$withtelescope

The proliferation of foreign direct investment is a natural consequence of today’s borderless economy. The significant political and economic risks inherent in such investment must be mitigated and managed carefully. The following are measures enterprises should take to protect their foreign investments. ... [read more]

Monday, April 23, 2018 @ 2:51 PM

Mining company adds Dentons’ member to board

Michel Brunet, a senior counsel for Dentons Canada LLP, has been appointed as a director of a Longueil, Que.-based mining firm. ... [read more]

Friday, April 20, 2018 @ 11:54 AM

Environmental, First Nations authority over Trans Mountain pipeline unclear: legal experts Eugene Kung, West Coast Environmental Law

The Trans Mountain pipeline project has inflamed passions across the country, but nowhere more than in British Columbia. The provincial government has promised to do everything in its power to stop it, but legal experts are divided over whether it has the constitutional wherewithal to do so. ... [read more]

Thursday, April 19, 2018 @ 12:12 PM

Strengthening the new environmental impact assessment law pipeline2.jpg

Where a resource extraction approval faces stubborn opposition, cue the laments for the rule of law. The project faced and bested a phalanx of legal hurdles, say proponents. It has navigated byzantine regulatory requirements and survived court challenges. Why can’t opponents accept the lawful results? After all, that’s why we have laws: to settle controversies with logic and evidence rather than messy political fracases. ... [read more]

Wednesday, April 18, 2018 @ 12:14 PM

Making claim subrogation work despite bankruptcy Colville_Reeves_bankdruptcy

What’s in a name? Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings. This is the circumstance faced by the insurer in Douglas v. Stan Fergusson Fuels Ltd. 2018 ONCA 192. What would have otherwise been a garden variety oil spill subrogated action was complicated by ongoing bankruptcy proceedings involving the insureds. ... [read more]