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Thursday, January 02, 2020 @ 8:27 AM

Alberta bill to boost Indigenous access to investment capital money_access_sm

Bill 14, the Alberta Indigenous Opportunities Corporation Act, represents the first attempt in Canada to set up a permanent structure that will facilitate investment and access to capital by Indigenous groups in natural resource projects and related infrastructure. ... [read more]

Tuesday, December 24, 2019 @ 9:14 AM

Federal Court of Appeal ruling leaves legal status of environmental reports in question Martin Olszynski

A recent Federal Court of Appeal decision in a long-running legal battle over a proposed B.C. mine could mark a significant change in direction by denying direct judicial review of environmental assessment reports, says a University of Calgary environmental law professor. ... [read more]

Monday, December 23, 2019 @ 1:32 PM

My letter to Santa Claws | Victoria Shroff

Dear Animal Santy or equivalent for St. Lucia Day, Kwanzaa, Hannukah, Solstice, Yalda, Christmas, Omisoka: ... [read more]

Monday, December 23, 2019 @ 10:46 AM

Environmental law 2020: Looking down the road highwaytohorizon

As the new year approaches, numerous environmental issues will continue to command the attention of litigators and legislators across Canada. ... [read more]

Friday, December 20, 2019 @ 12:19 PM

Will carbon majors have to pay for climate damage? Earth melting to water

The climate crisis is already causing large financial losses and much more is ahead. Most of the fossil fuels that are driving this crisis have been produced and sold by 103 companies, the major fossil fuel producing companies (carbon majors). Can they be made to pay for it? ... [read more]

Friday, December 20, 2019 @ 11:12 AM

Future may be bright: Climate change forecast effect on businesses, adaptation strategies Businessenvironment_sm.jpg

Climate change is an issue that is increasingly on the radar of businesses, consumers and governmental agencies. The prevalence of climate change in business agendas is largely a result of the potential substantial risk that it presents, making risk mitigation and adaption strategies a priority. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 9:53 AM

Liens on municipal lands: Exempt lands, projects Constructionsite_sm.jpg

The Alberta Builders’ Lien Act creates a charge on land as security for payment for services rendered or materials furnished to construction projects. Alberta municipalities are subject to the requirements of the Act, even though interests in land held by the provincial and federal governments are exempt. Although municipal projects do not benefit from a general exemption, there are certain exemptions that are highly relevant to municipalities. There are statutory and judge-made exemptions for public highways, bridges, municipal reserve lands and, in limited circumstances, other projects based on “public policy” reasons. ... [read more]

Monday, December 16, 2019 @ 2:30 PM

Environmental group seeks standing in case against Volkswagen Tim Gray, Environmental Defence

A proposed plea deal on allegations automotive giant Volkswagen imported diesel vehicles into Canada that did not conform to environmental standards was put on hold last week after an Ontario court agreed to consider an environmental group’s request to seek standing in the matter. ... [read more]